DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd
(AG2019/2737)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD SINGLETON MINING DIVISION COLLECTIVE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the ARA Electrical Engineering Services Pty Ltd Singleton Mining Division Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ARA Electrical Engineering Services Pty Ltd Singleton Mining Division Collective Agreement 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] Written undertakings have been given in accordance with s.190 of the Act. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 24 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of ARA Electrical Engineering Services Pty Ltd, the Fair Work Commission was tasked with approving the ARA Electrical Engineering Services Pty Ltd Singleton Mining Division Collective Agreement 2019. This case involved the application for approval of a collective agreement between the employer, ARA Electrical Engineering Services Pty Ltd, and the employees within the Singleton Mining Division.

The legal issues before the Commission centred on whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. The primary concern was whether the agreement contained terms and conditions that were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission also had to ensure that the agreement adhered to the procedural requirements set out in the Act and that it was made in good faith.

The Commission examined the evidence presented by both parties and considered the terms and conditions of the proposed agreement. It found that the agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the workplace. The Commission noted that the agreement had been negotiated in good faith and that it complied with the procedural requirements of the Act. Therefore, the Commission approved the ARA Electrical Engineering Services Pty Ltd Singleton Mining Division Collective Agreement 2019.

The Fair Work Commission approved the ARA Electrical Engineering Services Pty Ltd Singleton Mining Division Collective Agreement 2019, finding it to be fair and reasonable and made in good faith. The agreement was deemed to comply with the relevant provisions of the Fair Work Act 2009.

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