DECISION

Fair Work Act 2009
s.185—Enterprise agreement

407 Electrics Pty Ltd
(AG2020/2815)

407 ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 OCTOBER 2020

Application for approval of the 407 Electrics Pty Ltd Enterprise Agreement 2020-2024.

[1] 407 Electrics Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the 407 Electrics Pty Ltd Enterprise Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 22 October 2020 and, in accordance with s 54, will operate from 29 October 2020. The nominal expiry date of the Agreement is 22 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the 407 Electrics Pty Ltd Enterprise Agreement 2020-2024, the matter came before the Fair Work Commission. The application was brought by the Electrical Trades Union of Australia, which sought approval of the enterprise agreement between 407 Electrics Pty Ltd and its employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, including issues related to wages, working hours, and dispute resolution mechanisms.

The legal issues before the Commission were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided a safety net for employees by ensuring they received at least the minimum wages and conditions set out in the relevant awards, and if it had been genuinely agreed upon by the parties. Additionally, the Commission considered whether the agreement promoted simplification, flexibility, and efficiency in workplace relations.

The Commission examined the submissions and evidence presented by both the union and the employer. The union argued that the agreement improved upon the minimum standards by providing better wages and conditions for employees, while the employer contended that the proposed changes were necessary to remain competitive. The Commission found that the agreement provided a safety net for employees and had been genuinely agreed upon. The Commission also noted that the agreement included provisions that promoted simplification and flexibility in workplace relations. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the 407 Electrics Pty Ltd Enterprise Agreement 2020-2024, finding that it met the criteria for approval under the Fair Work Act 2009. The agreement provides a safety net for employees and promotes simplification, flexibility, and efficiency in workplace relations.

407 Electrics Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established