DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atrics Electrical
(AG2015/1058)

ATRICS ELECTRICAL ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MAY 2015

Application for approval of the Atrics Electrical Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Atrics Electrical Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atrics Electrical. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 29 May 2015 and, in accordance with s.54, will operate from 5 June 2015. The nominal expiry date of the Agreement is 29 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Atrics Electrical Pty Ltd, represented by their lawyers, for the approval of the Atrics Electrical Enterprise Agreement 2015-2019. This application was made to the Fair Work Commission, which was presided over by Commissioner F. The matter was brought before the Commission as a result of the need to ensure that the terms and conditions of employment outlined in the proposed agreement were fair and reasonable.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement were fair and reasonable for the employees covered by the agreement. This involved examining various aspects of the agreement, including the proposed wage rates, working conditions, and other employment terms. The Commission had to consider whether the agreement provided a fair balance between the interests of the employer and the employees.

The Commission found that the terms of the Enterprise Agreement were fair and reasonable. In reaching this decision, the Commission took into account the economic context in which the agreement was made, the bargaining positions of the parties, and the overall fairness of the proposed terms. The Commission was satisfied that the agreement provided a fair balance of benefits and obligations for both parties and that it was in line with the broader principles of industrial relations in Australia. Consequently, the Commission approved the Enterprise Agreement, and it was registered with the Fair Work Commission.

The final orders of the Commission were that the Atrics Electrical Enterprise Agreement 2015-2019 be approved and registered as a greenfields agreement. This meant that the agreement would be in effect from the date of registration and would govern the employment terms and conditions of the employees covered by the agreement until the end of the agreement period. The decision was binding on both Atrics Electrical Pty Ltd and the employees affected by the agreement.

Atrics Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established