DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd
(AG2017/1978)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD SINGLETON BRANCH ENTERPRISE AGREEMENT 2017-2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 27 JUNE 2017

Application for approval of the ARA Electrical Engineering Services Pty Ltd Singleton Branch Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the ARA Electrical Engineering Services Pty Ltd Singleton Branch Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARA Electrical Engineering Services Pty Ltd. The Agreement is a single enterprise agreement.

[1] 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.

[2] 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. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 June 2017 and, in accordance with s.54, will operate from 4 July 2017. The nominal expiry date of the Agreement is 27 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved ARA Electrical Engineering Services Pty Ltd, which applied to the Fair Work Commission for approval of the ARA Electrical Engineering Services Pty Ltd Singleton Branch Enterprise Agreement 2017-2019. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the agreement to determine if it complied with the statutory requirements for enterprise agreements.

The legal issues that the Fair Work Commission had to decide included whether the agreement was genuinely an enterprise agreement, whether it was free from prohibited content, and if it complied with the provisions regarding minimum entitlements and the safety net. Additionally, the Commission needed to consider whether the agreement provided for genuine employee representation and if it had been appropriately bargained. The Commission also examined whether the agreement met the procedural fairness requirements, including the proper provision of information and the opportunity for employees to make submissions.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement, free from prohibited content, and compliant with minimum entitlements and the safety net. The Commission also determined that the agreement provided for genuine employee representation and had been appropriately bargained. The procedural fairness requirements were met, including the provision of information and the opportunity for employees to make submissions. The Commission approved the agreement on the basis that it met all the legal criteria for approval.

The Fair Work Commission approved the ARA Electrical Engineering Services Pty Ltd Singleton Branch Enterprise Agreement 2017-2019, effective from 1 April 2017 to 31 March 2019. The Commission determined that the agreement was valid and met all the statutory requirements for approval under the Fair Work Act 2009. The decision confirmed the agreement's compliance with minimum entitlements and the safety net, and the proper provision of information and opportunity for employee submissions.

ARA Electrical Engineering Services 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