DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avalon Hill Pty Ltd T/A Cabling Network Solutions
(AG2019/2218)

AVALON HILL PTY LTD T/A CABLING NETWORK SOLUTIONS ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 9 SEPTEMBER 2019

Application for approval of the Avalon Hill Pty Ltd t/a Cabling Network Solutions Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Avalon Hill Pty Ltd t/a Cabling Network Solutions Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avalon Hill Pty Ltd T/A Cabling Network Solutions. 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 are relevant to this application for approval and 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.5.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54, will operate from 16 September 2019. The nominal expiry date of the Agreement is 8 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Avalon Hill Pty Ltd, trading as Cabling Network Solutions, sought approval of an enterprise agreement from the Fair Work Commission. The application pertained to the employees of Avalon Hill, who are engaged in the telecommunications industry. The respondents, who included unions representing the employees, objected to the approval of the agreement on various grounds. The Fair Work Commission was required to determine whether the agreement met the necessary legal criteria for approval.

The central legal issue was whether the enterprise agreement satisfied the requirements of the Fair Work Act 2009, specifically whether it was a genuine agreement, free from coercion, and provided fair terms and conditions of employment. The Commission also needed to assess if the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially by the terms of the agreement. The fairness of the agreement was scrutinised, including its provisions on wages, working conditions, and dispute resolution mechanisms.

The Commission found that the agreement was genuinely negotiated and met all the legal requirements for approval. The terms of the agreement were deemed fair and did not disadvantage the employees, satisfying the 'better off overall test'. The Commission considered the evidence presented by both parties and concluded that the agreement provided a fair and reasonable outcome for all involved. The objections raised by the respondents were not sufficient to prevent the approval of the agreement.

The Fair Work Commission approved the Avalon Hill Pty Ltd t/a Cabling Network Solutions Enterprise Agreement 2019-2023, confirming its validity and legality. The approval was based on the finding that the agreement was a genuine enterprise agreement and provided fair terms and conditions of employment for the employees. The decision was made in accordance with the provisions of the Fair Work Act 2009.

Avalon Hill Pty Ltd T/A Cabling Network Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established