DECISION

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

Ulster Services Pty Ltd / E-Tech Group
(AG2014/8296)

E-TECH GROUP ONSITE CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 18 FEBRUARY 2015

Application for approval of the E-tech Group Onsite Construction Employees Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe E-tech Group Onsite Construction Employees Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ulster Services Pty Ltd t/a E-tech Group (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 18 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the E-Tech Group Onsite Construction Employees Enterprise Agreement 2014-2018 was brought before the Fair Work Commission by Ulster Services Pty Ltd, seeking to establish terms and conditions for employees under its management. The dispute involved the proposed agreement's compliance with the Fair Work Act 2009, including its fairness and coverage of relevant employees. The E-Tech Group also participated in the proceedings, defending the agreement's provisions and advocating for its approval.

The primary legal issues before the Commission were whether the proposed agreement was in the public interest and met the criteria for "independently determining" terms and conditions as required by the Fair Work Act. This included assessing whether the agreement was made without coercion, contained mandatory terms that were fair and reasonable, and was not detrimental to the public interest. The Commission needed to determine if the agreement was genuinely negotiated and represented the interests of both parties without undue influence or unfair terms.

The Commission carefully examined the evidence and submissions from both parties, focusing on the negotiation process, the content of the agreement, and its implications for employees and employers. The Commission concluded that the agreement met the necessary criteria for approval, finding that it was made without coercion, contained fair and reasonable terms, and was in the public interest. The agreement was approved, with the understanding that it would provide a fair framework for employment conditions and protect the rights of both parties involved.

The final orders included the approval of the E-Tech Group Onsite Construction Employees Enterprise Agreement 2014-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, ensuring its enforceability and compliance with the Fair Work Act. The decision provided clarity on the terms and conditions governing the employment relationship between Ulster Services Pty Ltd and the E-Tech Group, affirming the agreement as a legitimate and fair means of regulating workplace relations.

Ulster Services Pty Ltd / E-Tech Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established