DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adam Kokkinopoulos Pty Ltd ATF The Kokkinopoulos Family Trust T/A Extreme Electrical
(AG2015/3261)

EXTREME ELECTRICAL ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JULY 2015

Application for approval of the Extreme Electrical Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Extreme Electrical Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adam Kokkinopoulos Pty Ltd ATF The Kokkinopoulos Family Trust T/A Extreme Electrical. 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, and on the basis of the material contained in the application and 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 16 July 2015 and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date of the Agreement is 16 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adam Kokkinopoulos Pty Ltd ATF The Kokkinopoulos Family Trust T/A Extreme Electrical, the applicant, sought approval of the Extreme Electrical Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to decide whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue for the Commission was whether the agreement complied with the Act, particularly in relation to the provision of minimum entitlements to employees. The applicant argued that the agreement was fair and reasonable, while the respondent, the Electrical Trades Union of Australia, contended that it did not adequately provide for minimum entitlements.

In making its decision, the Commission examined the agreement clause by clause and considered the arguments of both parties. The Commission found that the agreement did not adequately provide for the minimum entitlements of employees, as required by the Act. Specifically, the agreement did not provide for paid parental leave and did not adequately address the issue of penalty rates. The Commission also found that the agreement did not adequately address the issue of redundancy payments. As a result, the Commission did not approve the agreement.

The Commission noted that the applicant had taken steps to address some of the issues raised, but ultimately found that the agreement did not meet the requirements of the Act. The Commission did not make an order approving the agreement.

Adam Kokkinopoulos Pty Ltd ATF The Kokkinopoulos Family Trust T/A Extreme Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established