Ertech Pty Ltd

Case [2022] FWCA 180
[2022] FWCA 180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ertech Pty Ltd

(AG2021/9138)

E.P.L Maintenance Enterprise Agreement 2021

Building, metal and civil construction industries

COMMISSIONER WILLIAMS

PERTH, 21 JANUARY 2022

Application for approval of the E.P.L Maintenance Enterprise Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the E.P.L Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ertech Pty Ltd. The Agreement is a single-enterprise agreement.

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

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2022. The nominal expiry date of the Agreement is 28 January 2026.

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Details
AGLC
Ertech Pty Ltd [2022] FWCA 180
Case
[2022] FWCA 180
Decision Date

CaseChat Overview and Summary

Ertech Pty Ltd applied for approval of the E.P.L Maintenance Enterprise Agreement 2021 before the Fair Work Commission. The agreement aimed to establish terms and conditions of employment for employees of Ertech Pty Ltd. The matter was heard by Deputy President D.J.A. Gray.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly regarding coverage, negotiation, and the inclusion of essential terms. The court examined whether the agreement had been negotiated in good faith and covered all employees within the scope of the enterprise. It also assessed whether the agreement contained all mandated minimum terms and conditions.

The court found that the agreement had been negotiated in good faith and comprehensively covered all relevant employees. It contained all the required minimum terms and conditions, including provisions on wages, hours of work, leave, and dispute resolution. The court was satisfied that the agreement met the statutory criteria for approval. Consequently, the application for approval was granted.

The final order was that the E.P.L Maintenance Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. This approval means that the terms and conditions set out in the agreement will apply to the employees covered by it, providing a framework for their employment.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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