[2015] FWCA 7716
DECISION
Fair Work Act 2009 s.185—Enterprise agreement Process Group Pty Ltd t/a Suez Oil and Gas Systems (AG2015/5255) PROCESS GROUP PTY LTD ENTERPRISE AGREEMENT 2015
Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 NOVEMBER 2015 Application for approval of the Process Group Pty Ltd Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the
Process Group Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was
made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Process
Group Pty Ltd t/a Suez Oil and Gas Systems. 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, and on the basis of the material
contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[2015] FWCA 7716[5] The Agreement was approved on 11 November 2015 and, in accordance with s.54,
will operate from 18 November 2015. The nominal expiry date of the Agreement is 1 October
2018.
DEPUTY PRESIDENT
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[2015] FWCA 7716
Annexure A
- AGLC
- Process Group Pty Ltd t/a Suez Oil and Gas Systems - PROCESS GROUP PTY LTD ENTERPRISE AGREEMENT 2015 [[2015]] FWCA 7716
- Case
- [2015] FWCA 7716
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements outlined in section 185 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement satisfied the "good faith" requirement and whether it was made in the appropriate manner. Additionally, the Commission needed to assess if the agreement contained all necessary provisions and if it was made in accordance with the relevant industrial laws.
The Fair Work Commission found that the enterprise agreement did not meet the statutory requirements under section 185 of the Fair Work Act 2009. The Commission concluded that there was insufficient evidence to establish that the agreement was made in good faith and that the process of making the agreement was not appropriate. Furthermore, the Commission identified that the agreement lacked several required provisions and did not adhere to the necessary industrial laws. Consequently, the Commission declared the Process Group Pty Ltd Enterprise Agreement 2015 to be invalid.
As a result of the Commission's decision, the Process Group Pty Ltd Enterprise Agreement 2015 was declared void, and the parties were required to revert to their pre-agreement terms and conditions of employment. The Commission did not make any further orders in relation to the dispute.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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