DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ASD Electrical Pty Ltd
(AG2015/1909)

ASD ELECTRICAL PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 MARCH 2015

Application for approval of the ASD Electrical Pty Limited Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ASD Electrical Pty Limited Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 30 March 2015. The nominal expiry date of the Agreement is 30 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ASD Electrical Pty Ltd applied to the Fair Work Commission for approval of a Single Enterprise Agreement 2015. The respondents, who were represented by the Electrical Trades Union, opposed the application on various grounds. The nature of the dispute centred around the terms and conditions proposed in the agreement, specifically concerning the classification of employees, their remuneration, and working conditions. The matter was heard by the Fair Work Commission, an independent statutory body with jurisdiction over employment matters in Australia.

The legal issues before the Commission included whether the proposed agreement provided for the proper classification of employees, adequate remuneration, and reasonable working conditions in accordance with the Fair Work Act 2009. The Commission also needed to determine if the agreement was made in good faith and met the "better off overall test," ensuring employees were not worse off than under the previous agreement or applicable award. The respondents argued that the proposed terms did not meet these requirements, particularly in relation to pay rates and conditions for certain classifications of employees.

After considering the evidence and submissions from both parties, the Commission found that the proposed Single Enterprise Agreement 2015 did provide for proper classification, adequate remuneration, and reasonable working conditions. The Commission was satisfied that the agreement was made in good faith and met the "better off overall test" for the majority of employees. The Commission noted that while some employees may be worse off under the new agreement, the overall benefits for the majority justified approval. Consequently, the Commission approved the application, and the Single Enterprise Agreement 2015 was registered.

ASD Electrical 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