DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ergo Group Pty Limited
(AG2018/6782)

ERGO GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 2 MAY 2019

Application for approval of the Ergo Group Pty Ltd Single Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Ergo Group Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Ergo Group Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at the end of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 2 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ergo Group Pty Limited was the applicant seeking approval of the Single Enterprise Agreement 2018. The applicant's case was heard in the Fair Work Commission. The dispute centred on whether the agreement was appropriate for the employees of Ergo Group Pty Limited, as it was submitted for approval. The legal issues the court had to determine were whether the agreement was fair and reasonable, and whether it met the statutory requirements for approval under the Fair Work Act 2009. The court had to examine the agreement's provisions, the bargaining process, and the interests of the employees.

The court began its analysis by considering the content of the agreement, including wages, conditions, and dispute resolution mechanisms. It examined whether the agreement provided a fair and reasonable outcome for the employees, taking into account the bargaining power of both parties and the broader economic context. The court also evaluated the process by which the agreement was negotiated, ensuring that it was conducted in good faith and that the employees had meaningful opportunities to participate in the bargaining. Finally, the court assessed whether the agreement complied with the statutory requirements for approval, such as the absence of prohibited content and the inclusion of certain mandatory terms.

The court found that the agreement was fair and reasonable for the employees, as it provided for appropriate wage increases, reasonable working conditions, and an effective dispute resolution process. The court was satisfied that the agreement was the product of good faith bargaining and that the employees had an opportunity to participate meaningfully in the process. The court concluded that the agreement met all statutory requirements for approval and was in the best interests of the employees. Consequently, the court granted approval for the Single Enterprise Agreement 2018.

Ergo Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established