DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barry Allen Electrical Services Pty Ltd t/a Barry Allen Electrical Services
(AG2015/7420)

BARRY ALLEN ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 17 DECEMBER 2015

Application for approval of the Barry Allen Electrical Services Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Barry Allen Electrical Services Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barry Allen Electrical Services Pty Ltd t/a Barry Allen Electrical Services. 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 24 December 2015. The nominal expiry date of the Agreement is 16 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Barry Allen Electrical Services, sought approval of an enterprise agreement from the Fair Work Commission. The respondents included several unions and individual employees. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly regarding its fairness and compliance with the act's provisions. The Fair Work Commission was tasked with determining the application.

The primary legal issue before the Commission was whether the enterprise agreement was fair and compliant with the statutory requirements. This involved assessing whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the procedural and substantive fairness standards set out in the Fair Work Act 2009. The Commission had to consider whether the agreement provided for adequate consultation, whether it contained provisions that were non-compliant or unfair, and if any changes to the agreement were necessary to meet the fairness test.

The Commission found that the proposed agreement largely met the statutory requirements, although it identified certain provisions that did not comply with the act. The Commission made specific amendments to improve fairness, including adjustments to the hours of work, overtime provisions, and the treatment of penalty rates. The Commission determined that, while the agreement did not initially meet the fairness test, the amendments rendered it compliant with the act. The Commission approved the agreement with the modifications.

The Fair Work Commission approved the Barry Allen Electrical Services Enterprise Agreement 2014-2018, subject to the specified amendments. The approved agreement was to be implemented from the date of the decision, ensuring that all parties were bound by its terms and conditions.

Barry Allen Electrical Services Pty Ltd t/a Barry Allen Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established