DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essential Mechanical Electrical Solutions Pty Ltd
(AG2015/6229)

EMES SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER GREGORY	SYDNEY, 3 DECEMBER 2015

Application for approval of the EMES Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EMES Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Essential Mechanical Electrical Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Essential Mechanical Electrical Solutions Pty Ltd, sought approval of the EMES Single Enterprise Agreement 2015 in the Fair Work Commission. The application was made in the context of the applicant's relationship with its employees, who are represented by a union. The dispute centred around whether the agreement, which had been negotiated and concluded between the applicant and the union, met the legal standards for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement was made in good faith and that it provided for the terms and conditions of employment of the employees in a fair and reasonable manner.

The legal issues before the Commission involved determining whether the negotiation process for the agreement had been conducted in good faith and whether the terms of the agreement were fair and reasonable. The Commission had to examine the evidence provided by both parties regarding the negotiation process, the nature of the terms within the agreement, and the extent to which the agreement met the statutory criteria for approval. The Commission also had to consider whether any provisions of the agreement unfairly disadvantaged employees or were otherwise inconsistent with the overarching principles of the Fair Work Act.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the negotiation process was conducted in good faith. The Commission concluded that the agreement was fair and reasonable, and therefore met the criteria for approval under the Fair Work Act. The Commission noted the balanced nature of the agreement, which provided for fair terms and conditions while also recognising the interests of both the employer and the employees. Consequently, the Commission approved the EMES Single Enterprise Agreement 2015, determining that it complied with all relevant legal requirements.

Essential Mechanical Electrical Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established