DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Europave Pty Ltd
(AG2016/1221)

EUROPAVE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Europave Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Europave Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Europave 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] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 7 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Europave Pty Ltd applied to the Fair Work Commission for approval of the Europave Pty Ltd Enterprise Agreement 2016, which had been negotiated between the company and the Retail and Fast Food Workers Union. The agreement was to apply to employees who were members of the union. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to ensure that the agreement was made in good faith and that the bargaining process was free from coercion and undue influence. Substantively, the Commission had to assess whether the agreement provided for terms and conditions of employment that were no less favourable than the relevant industrial instrument, and whether it met the “better off overall test”.

The Commission found that the agreement was made in good faith, and the bargaining process was free from coercion and undue influence. The agreement also provided for terms and conditions of employment that were no less favourable than the relevant industrial instrument. The Commission was satisfied that the agreement met the “better off overall test”, as the employees would be better off with the agreement than without it. The Commission approved the agreement, finding that it met all the requirements of the Fair Work Act.

The Commission made an order approving the Europave Pty Ltd Enterprise Agreement 2016, which is now a registered instrument under the Fair Work Act. The agreement is to apply to the employees who are members of the Retail and Fast Food Workers Union and will regulate their terms and conditions of employment.

Europave 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