DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd
(AG2017/1512)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD INGLEBURN BRANCH COLLECTIVE AGREEMENT 2017-2019

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 23 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the ARA Electrical Engineering Services Pty Ingleburn Branch Collective 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.

[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. 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.

[4] The Agreement was approved on 23 May 2017 and, in accordance with s.54, will operate from 30 May 2017. The nominal expiry date of the Agreement is 23 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ARA Electrical Engineering Services Pty Ltd Ingleburn Branch Collective Agreement 2017-2019. The applicant, ARA Electrical Engineering Services Pty Ltd, sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the Electrical Trades Union of Australia (Metropolitan), the registered union for the bargaining area.

The primary legal issues the court was required to determine were whether the agreement met the criteria for approval under the Fair Work Act, and whether it was consistent with the principles of the Fair Work system. This included assessing whether the agreement provided for the protection of employee rights, ensured fair and reasonable terms and conditions, and was made in good faith. The court also needed to consider whether the agreement was made in accordance with the relevant provisions of the Fair Work Regulations.

The court found that the agreement was consistent with the principles of the Fair Work system and met the criteria for approval. It determined that the agreement provided for the protection of employee rights, ensured fair and reasonable terms and conditions, and was made in good faith. The court was satisfied that the agreement was made in accordance with the relevant provisions of the Fair Work Regulations and was therefore approved as a certified agreement.

The court ordered that the ARA Electrical Engineering Services Pty Ltd Ingleburn Branch Collective Agreement 2017-2019 be approved as a certified agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would have legal effect from the date of the approval. The court also ordered that the agreement be published on the Fair Work Commission’s website and that copies be provided to the applicant and the union.

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