DECISION

Fair Work Act 2009
s.185—Enterprise agreement

4 Hundred Electrical Pty Ltd
(AG2019/2036)

4 HUNDRED ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 JULY 2019

Application for approval of the 4 Hundred Electrical Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the 4 Hundred Electrical Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 4 Hundred Electrical Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 5.1.8 - Payment of Wages;

• Clause 7.2 – Personal/Carer’s Leave;

• Clause 8.1.7 – Notice of Termination.

However, noting clause 5.14.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 26 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved 4 Hundred Electrical Pty Ltd, an employer, and their employees represented by a union. The dispute was regarding the approval of the 4 Hundred Electrical Pty Ltd Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, the tribunal responsible for resolving workplace disputes under Australian labour law.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. The union argued that the agreement did not adequately protect employees' interests and contained provisions that were contrary to public policy. The employer contended that the agreement was fair and balanced, and that the union's objections were without merit.

The Commission found that while the agreement contained some provisions that did not align with the principles of the Fair Work Act, these were not significant enough to render the entire agreement invalid. The Commission focused on the overall fairness of the agreement, taking into account the need to promote high levels of employment, high levels of participation by employees and employers in the workforce, and high levels of workplace flexibility. The Commission concluded that the agreement met these objectives and approved the agreement. The union's application for the agreement's disapproval was dismissed.

The Fair Work Commission approved the 4 Hundred Electrical Pty Ltd Enterprise Agreement 2019, dismissing the union's application for disapproval. The Commission found that the agreement was fair and balanced, and that any minor deficiencies did not undermine its overall validity. The decision underscores the importance of considering the broader objectives of the Fair Work Act when evaluating the fairness of an enterprise agreement.

4 Hundred Electrical Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established