DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ace Electrical Infrastructure Pty Ltd T/A Ace Electrical Infrastructure
(AG2018/568)

ACE ELECTRICAL INFRASTRUCTURE PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 7 JUNE 2018

Application for approval of the Ace Electrical Infrastructure Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ace Electrical Infrastructure Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ace Electrical Infrastructure Pty Ltd T/A Ace Electrical Infrastructure. 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 is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 6 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ace Electrical Infrastructure Pty Ltd T/A Ace Electrical Infrastructure recently appeared before the Fair Work Commission, where the company sought approval of an enterprise agreement. The application involved the proposed terms and conditions of employment for the workers covered by the agreement. The nature of the dispute centred on whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. The court was required to consider various legal issues, including whether the agreement met the procedural requirements for registration, whether it contained all the prescribed minimum terms, and whether it complied with the good faith bargaining provisions.

The Fair Work Commission began by examining whether the application for approval of the enterprise agreement had been properly made. The commission confirmed that all necessary documentation had been submitted and that the application was in order. The court then turned to the substantive requirements of the agreement, assessing whether it contained all the prescribed minimum terms. These terms include provisions on minimum wages, penalty rates, leave entitlements, and other employment conditions. The commission found that the agreement did include these necessary provisions. Next, the commission evaluated whether the agreement had been made in accordance with the good faith bargaining requirements. It considered whether both parties had genuinely attempted to reach an agreement and whether the agreement reflected a fair and reasonable outcome for the employees. Based on the evidence presented, the commission concluded that the agreement had been made in good faith.

Following this analysis, the Fair Work Commission approved the enterprise agreement, finding that it met all the statutory requirements. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, and it was in compliance with the procedural and substantive provisions of the Fair Work Act 2009. The court's decision was final, and the enterprise agreement was approved for registration.

Ace Electrical Infrastructure Pty Ltd T/A Ace Electrical Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established