DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avid Resources (WA) Pty Ltd
(AG2020/4211)

AVID RESOURCES ELECTRICAL ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the AVID Resources Electrical Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AVID Resources Electrical 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 Avid Resources (WA) Pty Ltd. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved a dispute between AVID Resources (WA) Pty Ltd and its employees, represented by the Electrical Trades Union of Australia. The central issue was the application for approval of the AVID Resources Electrical Enterprise Agreement 2020, which had been submitted to the Fair Work Commission for assessment. The applicants sought to have the agreement recognised and enforced as a legally binding enterprise agreement under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval and if it had been genuinely negotiated between the parties. The applicants had to demonstrate that the agreement was fair and reasonable, taking into account the equitable treatment of employees, their rights, and the overall impact on the workforce. The court also had to determine if the agreement was consistent with the provisions of the Fair Work Act and relevant regulations.

In reaching its decision, the court examined the evidence and submissions provided by both parties. The applicants presented various documents and witness statements to support their case. The union, on the other hand, raised concerns about certain provisions of the agreement, arguing they did not adequately protect employees' interests. After carefully considering all the arguments and evidence, the court found that the agreement had been genuinely negotiated and was fair and reasonable. The court concluded that the agreement met all statutory requirements for approval and granted the application for its approval.

Avid Resources (WA) 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