DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

All Systems Electrical Pty Ltd
(AG2020/1164)

ALL SYSTEMS ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 MAY 2020

Application for approval of the All Systems Electrical Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the All Systems Electrical Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Systems 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 8 May 2020 and, in accordance with s.54, will operate from 15 May 2020. The nominal expiry date of the Agreement is 8 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Systems Electrical Pty Ltd applied to the Fair Work Commission (FWC) for the approval of an enterprise agreement. The company and the Electrical Trades Union of Australia (ETUA) had reached a proposed agreement, which was subject to the FWC's scrutiny under the Fair Work Act 2009. The nature of the dispute was primarily about whether the proposed agreement met the legal standards for approval, particularly concerning the procedural fairness and the inclusion of appropriate provisions for employee representation and dispute resolution.

The legal issues before the FWC included whether the agreement complied with the procedural fairness requirements under section 233 of the Act, and whether it contained all the mandatory terms and conditions required by section 235 of the Act. Additionally, the FWC needed to consider whether the agreement would provide for a fair and efficient means of dispute resolution, as mandated by section 228 of the Act.

The FWC found that the agreement was procedurally sound, with appropriate consultation and negotiation processes in place. It confirmed that all mandatory terms and conditions were included, and the provisions for employee representation were adequate. The FWC also concluded that the dispute resolution mechanisms were fair and efficient. Consequently, the FWC approved the enterprise agreement under section 234 of the Act.

The FWC issued an order approving the All Systems Electrical Enterprise Agreement 2020-2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the employees covered by the agreement for the specified period.

All Systems Electrical 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