DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Phase Electrical Solutions Pty Ltd
(AG2015/4512)

ALL PHASE ELECTRICAL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the All Phase Electrical Solutions Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the All Phase Electrical Solutions Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Phase Electrical Solutions 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2015. The nominal expiry date of the Agreement is 6 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were All Phase Electrical Solutions Pty Ltd and the Electrical Trades Union of Australia, who brought an application before the Fair Work Commission for the approval of the All Phase Electrical Solutions Pty Ltd Enterprise Agreement 2015-2019. The dispute centred around the terms of the proposed enterprise agreement and whether it met the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Act.

The primary legal issues the court had to address were whether the agreement provided for minimum entitlements as stipulated in the Fair Work Act, if the agreement was made in good faith, and if it was properly negotiated. Additionally, the court examined whether the agreement was free from any unfair provisions and if it adhered to the statutory requirements for enterprise agreements. The court needed to ensure that the agreement was fair and reasonable for the employees and did not negatively impact their working conditions or entitlements.

In reaching its decision, the court thoroughly examined the provisions of the proposed enterprise agreement and compared them against the requirements of the Fair Work Act. The court found that the agreement met the necessary criteria, including providing for the minimum entitlements, being made in good faith, and being properly negotiated. The court also determined that the agreement was free from any unfair provisions and complied with the statutory requirements for enterprise agreements. Consequently, the court approved the All Phase Electrical Solutions Pty Ltd Enterprise Agreement 2015-2019.

The Fair Work Commission approved the All Phase Electrical Solutions Pty Ltd Enterprise Agreement 2015-2019, effective from 1 July 2015 to 30 June 2019. The court ordered that the agreement be registered and enforced as a registered agreement under the Fair Work Act 2009. This decision provided certainty to the parties involved and ensured that the employees' rights and entitlements were protected under the terms of the approved enterprise agreement.

All Phase Electrical Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established