Ertech Holdings Pty Ltd Summary

[2013] FWCA 2897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ertech Holdings Pty Ltd
(AG2013/5865)

ERTECH GROUP FIELD OPERATIONS SINGLE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 MAY 2013

Application for approval of the Ertech Group Field Operations Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ertech Group Field Operations Single Enterprise Agreement 2013 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 12 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2013. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ertech Holdings Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Ertech Group Field Operations Single Enterprise Agreement 2013. This agreement was the outcome of negotiations between Ertech and a group of its employees who were represented by the Communications, Electrical and Plumbing Union of Australia (CEPU). The Fair Work Commission was the court that heard and decided the matter.

The primary legal issue the court had to address was whether the proposed agreement met the criteria set out in the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the court needed to determine if the agreement was free from any prohibited content, if it was made in good faith, and if it contained the minimum terms and conditions of employment as required by the Act.

The court concluded that the agreement was free from any prohibited content, as it did not include any provisions that were contrary to the public interest or that would undermine the operation of the safety net provided by the National Employment Standards and other safety net provisions. The court also found that the agreement was made in good faith, as there was evidence of genuine negotiations between the parties. Furthermore, the court determined that the agreement contained all the required minimum terms and conditions of employment. Consequently, the court approved the agreement, finding that it met all the necessary legislative requirements.

The final orders of the court were that the Ertech Group Field Operations Single Enterprise Agreement 2013 be approved and registered as a single-enterprise agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect and bind the parties from the specified commencement date.

Ertech Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established