DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd
(AG2018/5961)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD WOLLONGONG BRANCH COLLECTIVE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 26 MARCH 2019

Application for approval of the ARA Electrical Engineering Services Pty Ltd Wollongong Branch Collective Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the ARA Electrical Engineering Services Pty Ltd Wollongong Branch Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by ARA Electrical Engineering Services Pty Ltd.

[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.

[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 April 2019. The nominal expiry date of the Agreement is 26 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ARA Electrical Engineering Services Pty Ltd, sought approval for the Wollongong Branch Collective Agreement 2018. The dispute arose from negotiations between the applicant and the Electrical Trades Union of Australia, which resulted in the proposed agreement. The union had filed objections to the agreement, prompting the application for approval.

The central legal issues before the Commission involved whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other employment conditions that were not less favourable than the relevant award or safety net award. The union's objections centred on concerns regarding the classification of employees, the adequacy of the pay rates, and whether certain provisions aligned with the protections afforded under the relevant awards.

The Commission examined the proposed agreement in light of the statutory criteria and the relevant awards. After careful consideration, the Commission found that the agreement contained terms and conditions that were fair and reasonable. The pay rates and conditions provided for in the agreement were not less favourable than those in the relevant awards, and the classification of employees was deemed appropriate. Consequently, the Commission approved the Wollongong Branch Collective Agreement 2018, dismissing the union's objections.

The Fair Work Commission approved the Wollongong Branch Collective Agreement 2018, rejecting the objections raised by the Electrical Trades Union of Australia. The decision affirmed the agreement as meeting the statutory requirements for approval under the Fair Work Act 2009. The union's objections were dismissed, and the agreement was thereby endorsed for implementation.

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