DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eureka Personnel Pty Ltd
(AG2020/336)

EUREKA PERSONNEL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2020

Application for approval of the Eureka Personnel Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Eureka Personnel Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eureka Personnel Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I note that Clauses 9.3, 20.2, 27.5 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2020. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eureka Personnel Pty Ltd applied for the Fair Work Commission’s approval of the Eureka Personnel Enterprise Agreement 2019. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), opposed the application on the grounds that the agreement did not comply with certain provisions of the Fair Work Act 2009. The respondents argued that the agreement did not adequately address matters such as minimum rates of pay, penalty rates, and the entitlements of casual employees.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act and whether it provided for the proper treatment of employees' conditions. The Commission had to determine if the agreement satisfied the provisions regarding minimum wages, penalty rates, and casual employee entitlements, as well as if it met the criteria for being a single, integrated, and indivisible agreement.

The Commission found that the agreement did not meet certain requirements of the Fair Work Act, particularly concerning the minimum rates of pay and penalty rates for employees. The Commission noted that the agreement did not adequately specify the rates for various classifications of employees, which was a fundamental requirement. Additionally, the agreement failed to provide clear entitlements for casual employees, which was another critical point of non-compliance. Based on these findings, the Commission concluded that the agreement could not be approved as it did not meet the necessary statutory standards.

Accordingly, the Fair Work Commission rejected the application for approval of the Eureka Personnel Enterprise Agreement 2019. The decision was based on the agreement's failure to comply with key provisions of the Fair Work Act, specifically regarding the specification of minimum wages, penalty rates, and the treatment of casual employees.

Eureka Personnel 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