DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd
(AG2019/449)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD INGLEBURN BRANCH COLLECTIVE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 3 MAY 2019

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

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

[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 10 May 2019. The nominal expiry date of the Agreement is 2 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ARA Electrical Engineering Services Pty Ltd applied to the Fair Work Commission for approval of a collective agreement. The dispute centred on the validity and enforceability of certain provisions within the Ingleburn Branch Collective Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and if it adhered to the principles of good faith bargaining and fairness.

The court had to consider whether the agreement was genuinely negotiated between the employer and the employees' representatives and whether it contained all the necessary terms. Additionally, it had to assess if the agreement complied with the Fair Work Act 2009, including provisions related to employee entitlements, working conditions, and dispute resolution mechanisms. The court also examined whether the agreement was fair and reasonable in all its circumstances.

In delivering its decision, the Fair Work Commission found that the Ingleburn Branch Collective Agreement 2019 was the product of genuine bargaining between the parties. The court concluded that the agreement was comprehensive and included all mandatory terms required by the Fair Work Act. The court further determined that the agreement was fair and reasonable, considering the interests of both the employer and the employees. Consequently, the Fair Work Commission approved the agreement, finding it compliant with all legislative requirements.

The Fair Work Commission approved the Ingleburn Branch Collective Agreement 2019, confirming its validity and enforceability. The decision emphasised the importance of genuine bargaining and the need for agreements to be comprehensive and fair. The approval of the agreement ensures that the terms and conditions set out in the agreement will govern the employment relationship between ARA Electrical Engineering Services Pty Ltd and its employees at the Ingleburn branch.

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