DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Electrical and Communications Pty Ltd
(AG2019/3561)

APEX ELECTRICAL AND COMMUNICATIONS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 23 OCTOBER 2019

Application for approval of the Apex Electrical and Communications Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Apex Electrical and Communications Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Apex Electrical and Communications Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 30 October 2019. The nominal expiry date of the Agreement is 23 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Apex Electrical and Communications Pty Ltd, sought approval of the Enterprise Agreement 2019 - 2023. The respondent, Electrical Trades Union of Australia, raised objections to the agreement. The applicant is an employer in the electrical industry, while the respondent is a union representing employees in the sector.

The central legal issues in this case revolved around whether the agreement complied with the requirements of the Fair Work Act 2009, particularly sections related to the process for approving enterprise agreements and ensuring they meet the "better off overall test". The union contended that certain provisions of the agreement did not meet this test, thereby failing to provide employees with a net benefit.

The Commission found that while some of the union's concerns were valid, the majority of the provisions in the agreement did indeed meet the better off overall test. The Commission considered the overall economic package, including wage increases, allowances, and other benefits, and concluded that employees would be better off with the new agreement. The Commission also noted the applicant's commitment to maintaining certain conditions of employment that were beneficial to employees. Therefore, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Enterprise Agreement 2019 - 2023, dismissing the objections raised by the union. The agreement is now in effect and binds both the employer and the employees represented by the union.

Apex Electrical and Communications 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