DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus Instrelec Pty Ltd
(AG2016/6718)

AUS INSTRELEC AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Aus Instrelec Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aus Instrelec Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aus Instrelec Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2016. The nominal expiry date of the Agreement is 28 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Aus Instrelec Pty Ltd, applied to the Fair Work Commission for approval of the Aus Instrelec Agreement 2016. The agreement was entered into by the applicant and the Electrical Trades Union of Australia. The primary purpose of the application was to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms of the agreement, specifically whether the terms complied with the statutory requirements for registration.

The central legal issue before the Commission was whether the agreement contained terms that were non-compliant with the Fair Work Act 2009. Section 230 of the Act provides that a registered agreement must not contain any terms that are not consistent with the Act or that are contrary to public policy. The Commission had to determine if the terms of the agreement were consistent with the Act and did not contravene any public policy considerations.

In considering the application, the Commission evaluated the terms of the agreement against the requirements of the Fair Work Act 2009. The Commission found that all terms of the Aus Instrelec Agreement 2016 were consistent with the Act and did not contravene any public policy considerations. The agreement included provisions for dispute resolution, remuneration, and other employment conditions that were compliant with the statutory framework. Consequently, the Commission approved the application and registered the agreement.

The Fair Work Commission approved the application and registered the Aus Instrelec Agreement 2016 as a registered agreement under the Fair Work Act 2009. This decision recognises the agreement as a legally binding instrument governing the employment conditions between the applicant and the union.

Aus Instrelec 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