DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arback Pty Limited T/A O’Brien Electrical Granville
(AG2020/1138)

ARBACK PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 MAY 2020

Application for approval of the Arback Pty Ltd Single Enterprise Agreement 2020..

[1] An application has been made for the approval of an enterprise agreement known as the Arback Pty Ltd Single Enterprise Agreement 2020 (‘the Agreement’). The application was made by Arback Pty Limited T/A O’Brien Electrical Granville (‘the Applicant’) pursuant to
s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Arback Pty Limited T/A O’Brien Electrical Granville applied for approval of the Arback Pty Ltd Single Enterprise Agreement 2020. The dispute arose under the Fair Work Act 2009, with the employer seeking to have the agreement, which it had negotiated with the Electrical Trades Union of Australia, recognised as a single enterprise agreement. The agreement aimed to govern the employment conditions of its employees. The union did not oppose the application, but several individual employees did, arguing that the agreement did not adequately protect their entitlements.

The legal issues before the Commission were whether the agreement met the formal requirements for registration under the Act, and whether it provided for fair and reasonable terms and conditions of employment. Key points of contention included the proposed changes to shift penalties and allowances, as well as the incorporation of new provisions regarding remote work arrangements. The Commission had to assess whether these provisions were fair and reasonable in the context of the overall agreement.

After examining the submissions and evidence from both the employer and the employees, the Commission found that the agreement complied with the formal requirements of the Act. The Commission considered the agreement's provisions to be fair and reasonable, taking into account the parties' bargaining positions, the nature of the enterprise, and the overall balance of the agreement. It noted that the agreement provided for adequate protections for employees, including provisions for shift penalties, allowances, and remote work arrangements. Consequently, the Commission approved the agreement, which will now apply to the employees of Arback Pty Limited T/A O’Brien Electrical Granville.

The final orders of the Commission were that the Arback Pty Ltd Single Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. The agreement will apply to the employees of Arback Pty Limited T/A O’Brien Electrical Granville from the date of registration. The Commission also directed that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties involved.

Arback Pty Limited T/A O’Brien Electrical Granville

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established