DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BBE Electrical Contracting Pty Ltd
(AG2017/4106)

BBE ELECTRICAL CONTRACTING PTY LTD MINOR WORKS ENTERPRISE BARGAINING AGREEMENT 2017

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 8 DECEMBER 2017

Application for approval of the BBE Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BBE Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BBE Electrical Contracting Pty Ltd. 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 15 December 2017. The nominal expiry date of the Agreement is 8 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved BBE Electrical Contracting Pty Ltd and the Electrical Trades Union of Australia. The matter was brought before the Fair Work Commission, where BBE Electrical Contracting Pty Ltd applied for the approval of the BBE Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining Agreement 2017. The dispute centred on the terms and conditions of the proposed agreement and whether they complied with relevant industrial laws and regulations.

The legal issues before the court were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a fair and reasonable terms of employment, covered the appropriate scope of employees, and adhered to the procedural requirements for the approval process. The court also had to consider whether the agreement was made in good faith and if it addressed the interests of both the employer and employees.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The court held that the agreement was made in good faith and provided for fair and reasonable terms of employment. The court noted that the agreement covered the appropriate scope of employees and adhered to the procedural requirements for approval. The commission was satisfied that the agreement addressed the interests of both the employer and employees, and therefore approved the BBE Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining Agreement 2017.

The final orders of the Fair Work Commission approved the BBE Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining Agreement 2017, effective from 1 July 2017. The court ordered that the agreement be registered and published on the Fair Work Commission's website. The decision provided clarity and certainty for both BBE Electrical Contracting Pty Ltd and the Electrical Trades Union of Australia, ensuring that the terms and conditions of the agreement were fair and reasonable for all parties involved.

BBE Electrical Contracting 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