[2015] FWCA 3837

The attached document is amended to read in Paragraph [1]

[1] An application has been made for approval of an enterprise agreement known as the SLE Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SLE Engineering Pty Ltd. The agreement is a single enterprise agreement.

Jenny Hannay

Associate to Commissioner Simpson

Dated 9 June 2015.

[2015] FWCA 3837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SLE Engineering Pty Ltd T/A SLE Engineering Pty Ltd
(AG2015/1299)

SLE ENGINEERING PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2015

Application for approval of the SLE Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[2] An application has been made for approval of an enterprise agreement known as the SLE Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SLE Engineering Pty Ltd. The agreement is a single enterprise agreement.

[3] 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.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SLE Engineering Pty Ltd, trading as SLE Engineering Pty Ltd, was the applicant in a case before the Fair Work Commission regarding the approval of the SLE Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The dispute centred on the procedural fairness and content of the proposed enterprise agreement. The Commission was tasked with determining whether the agreement was appropriately negotiated and whether it adhered to the statutory requirements set out in the Fair Work Act 2009. The outcome of this application had significant implications for the terms of employment for the workers covered by the agreement.

The primary legal issues the Fair Work Commission had to address were whether the agreement was genuinely negotiated, whether it complied with the statutory requirements, and whether procedural fairness was observed during the negotiation process. The Commission examined whether the applicant had taken all reasonably practicable steps to ensure that the agreement was negotiated with the relevant employee representatives and whether the agreement met the standards set by the Fair Work Act.

The Commission found that SLE Engineering Pty Ltd had indeed engaged in genuine negotiations with the relevant employee representatives. The agreement was deemed to comply with the statutory requirements and met the standards of procedural fairness. The Commission concluded that all steps were taken to ensure fair and genuine negotiations, and the content of the agreement was fair and reasonable in all aspects. As such, the application for approval of the SLE Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement was granted.

The Fair Work Commission approved the SLE Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement, effective from the date of the decision. This approval ensures that the terms of employment for the workers covered by the agreement are legally binding and enforceable, providing clarity and certainty for both the employer and the employees.

SLE Engineering Pty Ltd T/A SLE Engineering 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