Allpro Electrical Services Pty Ltd T/A Allpro Electrical Services

[2014] FWCA 7210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allpro Electrical Services Pty Ltd T/A Allpro Electrical Services
(AG2014/8565)

ALLPRO ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2014

Application for approval of the Allpro Electrical Services Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Allpro Electrical Services Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allpro Electrical Services Pty Ltd T/A Allpro Electrical Services. 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 was approved on 13 October 2014 and, in accordance with s.54, will operate from 20 October 2014. The nominal expiry date of the Agreement is 12 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allpro Electrical Services Pty Ltd, trading as Allpro Electrical Services, sought approval of the Allpro Electrical Services Enterprise Agreement 2014-2018 in the Fair Work Commission. The applicant sought to have the agreement, which was to cover employees who were members of the Electrical Trades Union of Australia, approved as a modern award under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the agreement, particularly concerning overtime rates and other employment provisions.

The primary legal issues before the Commission were whether the agreement was a "genuine" agreement as defined by section 230 of the Fair Work Act 2009, and if it met the requirements of being "fair and reasonable." The Commission had to consider whether the agreement was negotiated in good faith, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission needed to assess if the agreement complied with the Fair Work (Registered Organisations) Act 2009, particularly in terms of representation and authorisation to negotiate.

In its decision, the Commission determined that the agreement was genuine and had been negotiated in good faith. It found that the terms and conditions were fair and reasonable, taking into account the nature of the industry, the economic climate, and the parties' respective positions. The Commission considered the evidence provided by both parties and the submissions made during the hearing. The agreement was approved as a modern award, effective from the date of the decision, and will govern the employment terms and conditions of the relevant employees for the specified period.

The Fair Work Commission approved the Allpro Electrical Services Enterprise Agreement 2014-2018 as a modern award. This decision provides a clear framework for the terms and conditions of employment for the employees covered by the agreement, ensuring compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established