DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical Services Pty Ltd
(AG2016/2249)

ARA ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the ARA Electrical Services Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the ARA Electrical Services Pty Ltd Enterprise Agreement 2016-2020 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2016. The nominal expiry date of the Agreement is 11 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the ARA Electrical Services Pty Ltd Enterprise Agreement 2016-2020. The applicant, ARA Electrical Services Pty Ltd, sought approval of the enterprise agreement, which was negotiated with the Electrical Trades Union. The dispute involved the scope of the agreement, its compliance with relevant legislation, and whether it met the "better off overall test" for employees.

The primary legal issues the Commission had to decide included whether the enterprise agreement was fairly negotiated, whether it complied with the Fair Work Act 2009, and if it satisfied the "better off overall test". The Commission also had to consider whether the agreement contained appropriate provisions for employee entitlements, such as wages, hours of work, and other conditions of employment.

In its decision, the Commission found that the enterprise agreement was fairly negotiated and complied with the Fair Work Act. It examined the provisions of the agreement, including the terms and conditions of employment, and assessed whether the agreement met the "better off overall test". The Commission concluded that the agreement was beneficial to the employees as it provided for fair wages and conditions, and therefore approved the agreement.

The Fair Work Commission approved the ARA Electrical Services Pty Ltd Enterprise Agreement 2016-2020, effective from 1 July 2016 until 30 June 2020. The approval was based on the finding that the agreement was fairly negotiated, complied with the Fair Work Act, and met the "better off overall test" for the employees.

ARA Electrical 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