DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BE (Nationwide) Pty Ltd T/A Built Electrical Australia
(AG2017/1691)

BUILT SERVICES GROUP SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 3 JULY 2017

Application for approval of the Built Services Group Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Built Services Group Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BE Nationwide Pty Ltd T/A Built Electrical Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BE (Nationwide) Pty Ltd trading as Built Electrical Australia, sought approval from the Fair Work Commission of the Built Services Group Single Enterprise Agreement 2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing certain employees. The dispute before the Commission involved the terms and conditions of the proposed enterprise agreement, with the CFMEU arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to determine whether the agreement was fairly and genuinely negotiated and whether there was genuine agreement. Substantively, the Commission had to assess whether the terms of the agreement provided for fair and reasonable wages and conditions, including whether they met the safety net standards. The CFMEU argued that the agreement did not meet the genuine agreement test and did not provide for fair and reasonable wages and conditions.

In considering the application, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was genuinely and fairly negotiated and that there was genuine agreement. The Commission also found that the proposed agreement provided for fair and reasonable wages and conditions. The Commission determined that the agreement met the safety net standards and provided for appropriate safeguards and protections for employees. Based on this analysis, the Commission approved the Built Services Group Single Enterprise Agreement 2016.

The Fair Work Commission approved the Built Services Group Single Enterprise Agreement 2016, finding that it complied with the procedural and substantive requirements of the Fair Work Act. The Commission found that the agreement was genuinely and fairly negotiated, that there was genuine agreement, and that the agreement provided for fair and reasonable wages and conditions. The CFMEU's opposition to the agreement was dismissed. The Commission's decision is final and binding, and the agreement will come into effect on the date of the decision.

BE (Nationwide) Pty Ltd T/A Built Electrical Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established