DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Western Electrical Contracting Pty Ltd
(AG2018/2941)

APEX WESTERN ELECTRICAL CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Apex Western Electrical Contracting Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Apex Western Electrical Contracting Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Apex Western Electrical Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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 16 October 2018. The nominal expiry date of the Agreement is 8 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the applicant, Apex Western Electrical Contracting Pty Ltd, sought approval of the Enterprise Agreement 2018-2022. The agreement was intended to govern the employment terms of the company's employees. The Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement satisfied the requirements for simplicity, clarity, and fairness, as stipulated by the legislation. The applicant argued that the agreement was straightforward, clear, and fair, as it included provisions for various aspects of employment such as wages, hours, and leave. The respondent, representing the employees, contended that certain clauses were ambiguous and could potentially be unfair.

The Commission found that while the agreement was generally straightforward and clear, there were some provisions that were not sufficiently clear and specific. The Commission emphasised the importance of clarity in enterprise agreements to ensure that both parties understand their rights and obligations. However, the Commission also acknowledged the applicant's efforts to address the concerns raised by the respondent. After some amendments were made to address the identified issues, the Commission approved the agreement.

The final orders of the Commission required the applicant to implement the approved agreement, including the amended provisions, and to provide a copy to all affected employees. The respondent was directed to withdraw any objections to the approval of the agreement. The decision underscores the importance of ensuring that enterprise agreements are clear, simple, and fair to all parties involved.

Apex Western Electrical Contracting 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