Evo Contracting Pty Ltd Summary

[2022] FWCA 3207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Evo Contracting Pty Ltd

(AG2022/3588)

EVO Contracting Pty Ltd Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2022

Application for approval of the EVO Contracting Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the EVO Contracting Pty Ltd Enterprise Agreement 2022 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by EVO Contracting Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 14 September 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Evo Contracting Pty Ltd to approve the EVO Contracting Pty Ltd Enterprise Agreement 2022-2026. The application was brought pursuant to the Fair Work Act 2009, specifically sections 231 and 232, which allow for the approval of enterprise agreements that meet certain criteria. The Commission was tasked with determining whether the proposed agreement met the legal standards for approval, including whether it was a "better off overall test" agreement.

The primary legal issues before the Commission were whether the proposed agreement met the requirements under the Fair Work Act and whether it complied with the "better off overall test." This test requires that the proposed agreement must ensure that employees are no worse off and at least some are better off financially than they would be under the applicable award or registered agreement. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it met the standards for genuine bargaining as required by the Act.

In delivering its decision, the Commission found that the proposed enterprise agreement met the statutory requirements for approval. The agreement was found to comply with the "better off overall test," ensuring that employees were not worse off and that some employees were better off financially compared to the applicable award or registered agreement. The Commission also found that the agreement provided for adequate mechanisms for dispute resolution and that the bargaining process was genuine, in line with the provisions of the Fair Work Act. Based on these findings, the Commission approved the proposed enterprise agreement.

The Commission's final order was that the EVO Contracting Pty Ltd Enterprise Agreement 2022-2026 be approved as a registered agreement under the Fair Work Act 2009. The approval ensures that the agreement will be in effect from the date of registration and will govern the employment conditions of the relevant employees until the end of the agreement period or until it is superseded by a new agreement. The decision highlights the importance of ensuring that enterprise agreements meet the legal standards for approval, particularly in relation to the "better off overall test" and genuine bargaining requirements.

Evo Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established