DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aurablue Electric Pty Ltd T/A Aurablue Electric
(AG2020/2767)

AURABLUE ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 21 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Aurablue Electric Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aurablue Electric Pty Ltd trading as Aurablue Electric. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2020. The nominal expiry date of the Agreement is 20 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Aurablue Electric Pty Ltd, trading as Aurablue Electric, and its employees. The matter was before the Fair Work Commission, which was called upon to decide whether to approve the proposed Single Enterprise Agreement 2020. The agreement aimed to establish the terms and conditions of employment for the employees of Aurablue Electric. The legal issues at hand centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it complied with the procedural and substantive fairness criteria. The Commission needed to determine if the agreement was made in good faith and if it provided for the proper remuneration and conditions of employment for the affected employees. Additionally, the Commission considered whether the agreement had been appropriately negotiated and if it was fair and reasonable in all its terms.

The Fair Work Commission found that the proposed agreement was made in good faith and met the statutory requirements for approval. The Commission noted that the agreement had been negotiated between the employer and the relevant union, which represented the employees. It found that the terms of the agreement were fair and reasonable, providing for proper remuneration and conditions of employment. The Commission also noted that the agreement included provisions for dispute resolution and provided adequate protection for employees' rights. The Commission concluded that the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and was therefore approved.

In light of the findings, the Fair Work Commission approved the Aurablue Electric Pty Ltd Single Enterprise Agreement 2020, effective from the date of the decision. The agreement, which provides for the terms and conditions of employment for the employees of Aurablue Electric, was certified as meeting the statutory requirements under the Fair Work Act 2009. The decision ensures that the employees of Aurablue Electric will benefit from the agreed-upon terms and conditions, providing them with a fair and reasonable agreement that protects their rights and interests.

Aurablue Electric Pty Ltd T/A Aurablue Electric

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established