DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auscom Electrical QLD Pty Ltd
(AG2017/6118)

AUSCOM ELECTRICAL QLD PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2017

Application for approval of the Auscom Electrical QLD Pty Ltd Enterprise Agreement 2017.

[1] On 8 December 2017, Auscom Electrical QLD Pty Ltd (Applicant) made an application for approval of the Auscom Electrical QLD Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Auscom Electrical QLD Pty Ltd, an employer, and its employees who were members of a trade union. The dispute centred around the approval of the Enterprise Agreement 2017, which aimed to regulate the terms and conditions of employment for the employees. The application for approval was brought before the Commission, a tribunal with jurisdiction over workplace relations matters in Australia. The Commission's role was to assess whether the agreement met the legal criteria for approval, including fairness, genuineness, and compliance with relevant legislative provisions.

The legal issues the Commission had to address involved determining whether the agreement was genuinely negotiated, free from coercion, and met the statutory requirements for fairness and relevance to the parties' employment relationship. Specifically, the Commission needed to verify that the agreement was made without any undue pressure or influence, that it was negotiated in good faith, and that it included appropriate provisions for employee representation, dispute resolution, and other fundamental workplace rights. The Commission also had to ensure that the agreement was not contrary to any provisions of the Fair Work Act 2009 and was relevant to the parties' employment relationship.

In reaching its decision, the Commission thoroughly examined the negotiation process, considering evidence provided by both the employer and the union. The Commission found that the agreement had been genuinely negotiated and was free from any coercion. The terms and conditions outlined in the agreement were deemed fair and reasonable, taking into account the economic and business circumstances of the employer. The Commission was satisfied that the agreement met all legal requirements for approval and would provide a fair framework for the employees' terms and conditions of employment. Consequently, the Commission approved the Enterprise Agreement 2017, recognising its validity and effectiveness in governing the employment relationship between Auscom Electrical QLD Pty Ltd and its employees.

Auscom Electrical QLD 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