Engineered Investments Pty Ltd re Engineered Investments Pty Ltd Enterprise Agreement 2009 [2010] FWAA 26 (5 January 2010)

Result

appellant. The agreement was approved and ordered to operate from 12 January 2010 with a nominal expiry date of 11 January 2014.

Key principles

• The court approved the enterprise agreement under s.185 of the Fair Work Act 2009, finding that all relevant requirements under ss.186, 187 and 188 of the Act were satisfied.
• The agreement was made during the 'bridging period' as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, requiring consideration of Part...
• The agreement was approved to operate from 12 January 2010 with a nominal expiry date of 11 January 2014, in accordance with s.54 of the Act.

Issues before the court

• Whether the requirements for approval of an enterprise agreement under ss.186, 187 and 188 of the Fair Work Act 2009 were satisfied
• Whether the agreement was made during the bridging period and what transitional provisions apply
• When the approved agreement should commence operation and its nominal expiry date

Cited legislation