DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Avid Water Pty Ltd
(AG2020/464)

AVID WATER PTY LTD ELECTRICAL ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 31 MARCH 2020

Application for approval of the Avid Water Pty Ltd Electrical Enterprise Agreement 2020.

[1] Avid Water Pty Ltd has made an application for the approval of an enterprise agreement known as the Avid Water Pty Ltd Electrical Enterprise Agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 31 March 2020 and, in accordance with s 54, will operate from 7 April 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Avid Water Pty Ltd and the Electrical Trades Union of Australia. The dispute was related to the approval of the Electrical Enterprise Agreement 2020. The matter was heard in the Fair Work Commission. The legal issues the court had to decide involved whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for minimum rates of pay and conditions, and whether it was free from any prohibited content. The court also needed to consider whether the agreement was in the best interests of the employees and the employer.

The court found that the agreement did meet the criteria for approval. The agreement provided for minimum rates of pay and conditions, and it was free from any prohibited content. The court also found that the agreement was in the best interests of both the employees and the employer. The court noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, while also providing for a fair and reasonable set of terms and conditions for the employer. The court found that the agreement provided a balance between the interests of both parties and was therefore in their best interests.

The court approved the agreement and made an order that the Electrical Enterprise Agreement 2020 between Avid Water Pty Ltd and the Electrical Trades Union of Australia be approved as a registered agreement under the Fair Work Act 2009. The order also provided for the agreement to be registered and published on the Fair Work Commission's website.

Avid Water 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