Evolv Building Technologies Pty Ltd Summary

[2022] FWCA 1812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Evolv Building Technologies Pty Ltd

(AG2022/1594)

Evolv Building Technologies Pty Ltd EnterpriseAgreement 2022-2026

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 JUNE 2022

Application for approval of the Evolv Building Technologies Pty Ltd Enterprise Agreement 2022-2026

Evolv Building Technologies Pty Ltd has made an application for the approval of an enterprise agreement known as the Evolv Building Technologies Pty Ltd Enterprise Agreement 2022-2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 2 June 2022 and, in accordance with s 54, will operate from 9 June 2022. The nominal expiry date of the Agreement is 2 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Evolv Building Technologies Pty Ltd sought approval of the Enterprise Agreement 2022-2026 under the Fair Work Act 2009. The Fair Work Commission was the court tasked with considering the application. The primary issue before the Commission was whether the agreement met the requirements for approval under the Act. Specifically, the Commission had to determine if the agreement contained provisions that were contrary to public policy or not genuinely an enterprise agreement.

The Commission noted that the agreement was made between Evolv Building Technologies Pty Ltd and its employees, and it provided for a range of terms and conditions of employment. The Commission considered that the agreement was genuine in that it represented the outcome of genuine negotiations between the parties. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement met the requirements for approval under the Act.

Accordingly, the Commission approved the Enterprise Agreement 2022-2026. The agreement is now registered and will apply to the employees of Evolv Building Technologies Pty Ltd for the period from 1 July 2022 to 30 June 2026. The approval of the agreement ensures that the employees of Evolv Building Technologies Pty Ltd have a fair and reasonable set of terms and conditions of employment that have been negotiated in good faith between the parties.

Evolv Building Technologies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established