DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aurora Electrical Services Pty Ltd T/A Aurora Electrical Services
(AG2018/5150)

AURORA ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Aurora Electrical Services Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Aurora Electrical Services Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aurora Electrical Services Pty Ltd T/A Aurora Electrical Services. 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 1 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aurora Electrical Services Pty Ltd applied to the Fair Work Commission for the approval of their enterprise agreement for the period 2018 to 2022. The application was contested by a union representative for the employees, which raised several issues regarding the fairness and compliance of the agreement with the Fair Work Act 2009. The Fair Work Commission was required to assess the agreement against the provisions of the Act and determine whether it met the necessary criteria for approval.

The primary legal issues before the Commission included whether the agreement had been made in accordance with the relevant bargaining processes, whether it contained terms and conditions that were fair and reasonable, and if it complied with the good faith bargaining requirements. The union argued that the agreement did not adequately address several key issues, including the classification of workers, the inclusion of clauses that may disadvantage employees, and the absence of provisions for certain protections. The company, on the other hand, contended that the agreement was a fair reflection of the bargaining process and provided reasonable terms and conditions for both parties.

The Fair Work Commission found that, while there were certain deficiencies in the agreement, it had been made in good faith and largely complied with the requirements of the Act. The Commission noted that while the classification of workers was a matter of negotiation, the agreement did not unfairly disadvantage employees. Furthermore, the Commission found that the absence of certain protections did not render the agreement unfair, as these matters could be addressed through future negotiations. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The Fair Work Commission approved the Aurora Electrical Services Pty Ltd Enterprise Agreement 2018-2022, subject to certain conditions to ensure that employees were adequately protected. The Commission ordered that the agreement be registered and enforced, and that any disputes arising from it be resolved in accordance with the Fair Work Act. The union was also directed to provide written notification to its members of the Commission's decision and the terms of the approved agreement.

Aurora Electrical Services Pty Ltd T/A Aurora Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established