DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beta Sydney Pty Ltd T/A Laser Electrical & Communications Penrith
(AG2021/6557)

BETA SYDNEY PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 7 SEPTEMBER 2021

Application for approval of the Beta Sydney Pty Ltd Single Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Beta Sydney Pty Ltd Single Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beta Sydney Pty Ltd T/A Laser Electrical & Communications Penrith (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.202(4) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be terms of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Beta Sydney Pty Ltd, trading as Laser Electrical & Communications Penrith, and its employees. The dispute centred around the application for approval of the Beta Sydney Pty Ltd Single Enterprise Agreement 2021. The Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission considered whether the agreement had been made in good faith and whether the necessary consultation processes had been followed. Substantively, the Commission examined whether the terms of the agreement were fair and reasonable, taking into account factors such as the financial position of the employer, the interests of the employees, and the need for a safety net for employees.

The Fair Work Commission found that the agreement was procedurally valid, as it had been made in good faith and the requisite consultation processes had been undertaken. In terms of the substantive fairness of the agreement, the Commission considered various factors, including the financial position of Beta Sydney Pty Ltd, the interests of the employees, and the need to provide a safety net for employees. The Commission determined that the terms of the agreement were fair and reasonable, taking into account all relevant factors. As a result, the Commission approved the Beta Sydney Pty Ltd Single Enterprise Agreement 2021.

The Fair Work Commission approved the Beta Sydney Pty Ltd Single Enterprise Agreement 2021, effective from the date of the decision. The agreement, which provides for a range of terms and conditions for employees, was found to be fair and reasonable, and in compliance with the procedural and substantive requirements of the Fair Work Act. This decision ensures that the employees of Beta Sydney Pty Ltd will be covered by the approved agreement, providing them with a clear and certain framework for their employment.

Beta Sydney Pty Ltd T/A Laser Electrical & Communications Penrith

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established