DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Entegro Group Unit Trust t/a Entegro Group Pty Ltd
(AG2015/5326)

ENTEGRO GROUP & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT (2015)

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the Entegro Group & National Union of Workers Enterprise Agreement (2015).

[1] An application has been made for approval of an enterprise agreement known as the Entegro Group & National Union of Workers 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 The Trustee for the Entegro Group Unit Trust t/a Entegro Group Pty Ltd. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 November 2015 and, in accordance with s.54, will operate from 9 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for the Entegro Group Unit Trust, trading as Entegro Group Pty Ltd, applied for approval of the Entegro Group and National Union of Workers Enterprise Agreement (2015). The application was made in the context of a dispute between Entegro Group and the union over the terms of the proposed enterprise agreement, which sought to replace the existing one. The National Union of Workers contested certain aspects of the agreement, arguing that it was not fair and reasonable.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement was fair and reasonable in all its terms. This involved assessing whether the agreement complied with the provisions of the Fair Work Act 2009, including whether it provided for procedural fairness, the right to bargain, and whether it contained provisions that were genuinely for the benefit of the employees. The Commission also had to consider the views of both parties and any relevant evidence submitted.

The Fair Work Commission, after considering the arguments and evidence from both parties, found that the proposed enterprise agreement met the requirements of being fair and reasonable. The Commission noted that the agreement provided for procedural fairness and included provisions that were genuinely for the benefit of the employees, such as protections against unfair dismissal and provisions for employee consultation. The Commission concluded that the agreement was an appropriate basis for regulating employment conditions and approved it accordingly.

The Fair Work Commission approved the Entegro Group and National Union of Workers Enterprise Agreement (2015), effective from the date of the decision. This decision brought an end to the dispute between Entegro Group and the union, establishing the terms of the enterprise agreement that would govern the employment conditions for the employees.

The Trustee for the Entegro Group Unit Trust t/a Entegro Group 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