DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arnold Electrical & Data Installations Pty Ltd T/A Arnold Electrical & Data Installations
(AG2016/3837)

ARNOLD ENTERPRISE AGREEMENT 2016-2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Arnold Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Arnold Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arnold Electrical & Data Installations Pty Ltd T/A Arnold Electrical & Data Installations. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2016. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Arnold Electrical & Data Installations, sought approval of the Arnold Enterprise Agreement 2016-2018 from the Fair Work Commission. The agreement was entered into between the applicant and the Electrical Trades Union of Australia. The dispute centred on whether the agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory provisions and if it was in the best interests of the employees it was intended to cover.

The legal issues before the commission included whether the agreement had been genuinely bargained between the parties, whether it covered the correct employees, and whether it included the necessary terms as required by the Fair Work Act. Additionally, the commission had to assess if the agreement provided fair and reasonable terms and conditions for the employees and if it was likely to improve workplace relations.

The commission found that the agreement had been genuinely bargained and covered the correct employees. It was satisfied that the agreement contained all the necessary terms required by the Fair Work Act and that it provided fair and reasonable terms for the employees. The commission concluded that the agreement would likely improve workplace relations by providing a clear and comprehensive framework for the employment conditions of the covered employees. Consequently, the commission approved the Arnold Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Arnold Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was to remain in force until it was terminated or replaced in accordance with the provisions of the Fair Work Act.

Arnold Electrical & Data Installations Pty Ltd T/A Arnold Electrical & Data Installations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established