DECISION

Fair Work Act 2009
s.185—Enterprise agreement

3lectrical Pty Ltd T/A 3lectrical
(AG2016/1295)

3LECTRICAL PTY LTD 2016 EBA

Electrical contracting industry
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the 3lectrical Pty Ltd 2016 EBA.

[1] An application has been made for approval of an enterprise agreement known as the 3lectrical Pty Ltd 2016 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 3lectrical Pty Ltd T/A 3lectrical. 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.

[4] The Agreement was approved on 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 13 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by 3lectrical Pty Ltd, trading as 3lectrical, to have its 2016 enterprise bargaining agreement (EBA) approved. The Fair Work Commission was the tribunal hearing the application. The dispute centred on whether the EBA complied with the requirements of the Fair Work Act 2009, specifically in terms of its coverage and the process through which it was negotiated and agreed upon.

The primary legal issue was whether the EBA met the criteria for approval under the Fair Work Act. This included examining if the agreement was made in accordance with the relevant provisions of the Act and whether it covered a designated group of employees. Additionally, the court had to assess if the agreement was fair and reasonable, taking into account the interests of both employers and employees.

The Fair Work Commission found that the EBA was validly made and met all the necessary statutory requirements. It determined that the agreement was fair and reasonable, considering the terms and conditions it established for the employees. The Commission was satisfied with the process through which the agreement was negotiated and agreed upon, and it confirmed that the agreement was comprehensive and covered the designated group of employees. Consequently, the application for approval was granted, and the EBA was registered.

3lectrical Pty Ltd T/A 3lectrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established