DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fabquip Services Pty Limited
(AG2019/3611)

FABQUIP SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 OCTOBER 2019

Application for approval of the Fabquip Services Pty Limited Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Fabquip Services Pty Limited Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fabquip Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 7.1.2 – Accrual of Entitlements/ Continuity of Service

• Clause 7.2.4 – Annual Leave

• Clause 7.6.4 – Notice of Absence

• Clause 7.7.1 – Immediate Family of Household

• Clause 8.9.8 – Public Holidays

However, noting clause 3.4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2019. The nominal expiry date of the Agreement is 22 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Fabquip Services Pty Limited, an employer, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was before the Fair Work Commission, which was asked to approve an enterprise agreement between the parties. The agreement, titled the "Fabquip Services Pty Limited Enterprise Agreement 2019-2023", sought to establish the terms and conditions of employment for the employees over the specified period. The primary dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues the Commission needed to determine were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act and whether it contained the necessary minimum terms and conditions. Specifically, the Commission had to consider whether the agreement had been fairly negotiated and if it provided for appropriate minimum standards including rates of pay, maximum weekly hours, and other employment conditions. The Commission also needed to assess if the agreement contained any provisions that could be considered unfair under the law.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the provisions of the Fair Work Act. The Commission found that the agreement had been made through a process of genuine bargaining and that it contained all the necessary minimum terms and conditions. The Commission noted that the agreement provided for fair rates of pay, reasonable working hours, and other employment conditions that met the statutory minimums. The Commission also determined that none of the provisions in the agreement were unfair. Based on this analysis, the Commission concluded that the agreement was eligible for approval.

The Fair Work Commission approved the Fabquip Services Pty Limited Enterprise Agreement 2019-2023. The decision was made on the basis that the agreement was fairly negotiated and contained all the required minimum terms and conditions. The Commission's approval of the agreement ensures that it will govern the employment relationship between Fabquip Services Pty Limited and its employees for the specified period.

Fabquip Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established