DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aone Electrix Pty Ltd T/A Aone Electrix
(AG2018/843)

AONE ELECTRIX PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2018

Application for approval of the Aone Electrix Pty Limited Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aone Electrix Pty Limited Single 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 Aone Electrix Pty Ltd T/A Aone Electrix. 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 29 June 2018. The nominal expiry date of the Agreement is 28 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by the Australian Manufacturing Workers' Union of Australia to have the Aone Electrix Pty Limited Single Enterprise Agreement 2018 approved by the Fair Work Commission. The applicant argued that the agreement met the necessary requirements under the Fair Work Act 2009. The respondent, Aone Electrix, did not oppose the application but also did not provide any evidence or arguments to challenge the applicant's claims.

The central legal issue before the court was whether the agreement satisfied all the statutory requirements for approval under the Fair Work Act. This involved determining if the agreement was in writing, included the prescribed minimum terms and conditions, and if it was free from any unlawful provisions. The court had to consider whether the agreement met the standards set by the Act and if it was made in good faith and without coercion.

The court found that the agreement was in writing and contained all the prescribed minimum terms and conditions. It was also evident that the agreement was free from any unlawful provisions. The court accepted that the agreement was made in good faith, as there was no evidence to suggest otherwise. The court concluded that all the statutory requirements for approval had been met and granted the application for approval of the agreement.

The court ordered that the Aone Electrix Pty Limited Single Enterprise Agreement 2018 be approved by the Fair Work Commission. This decision ensures that the agreement is legally binding and enforceable between the employer and the employees covered by the agreement.

Aone Electrix Pty Ltd T/A Aone Electrix

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established