DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Betta Group of Companies Pty Ltd
(AG2019/1289)

BETTA POWER SERVICES ENTERPRISE AGREEMENT – 2019/2023

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2019

Application for approval of the Betta Power Services Enterprise Agreement - 2019/2023.

[1] An application has been made for approval of an enterprise agreement known as the Betta Power Services Enterprise Agreement - 2019/2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Betta Group of Companies Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 lodged contained an error at clause 23 as well as some formatting issues. On 24 June 2019, the Applicant filed a request to have the Agreement corrected to replace these errors pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2019. The nominal expiry date of the Agreement is 1 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Betta Group of Companies Pty Ltd was involved in a dispute concerning the approval of the Betta Power Services Enterprise Agreement - 2019/2023. The application for approval was lodged with the Fair Work Commission, which is the body responsible for approving such agreements. The nature of the dispute centred around the terms and conditions outlined in the agreement, which was proposed for a period spanning from 2019 to 2023.

The legal issues that the Commission was required to address included whether the agreement met the statutory requirements set forth in the Fair Work Act 2009, particularly focusing on the provisions regarding the terms and conditions of employment, procedural fairness, and the overall fairness of the agreement. Additionally, the Commission needed to ensure that the agreement did not contravene any provisions of the Act that aimed to protect employees' rights. The Commission had to consider submissions from both the employer and the employees' representatives, as well as any other relevant evidence or arguments presented.

In its reasoning, the Commission examined the provisions of the proposed agreement in detail. It assessed whether the terms and conditions were fair and reasonable, taking into account the specific circumstances of the employees involved. The Commission also evaluated whether the agreement provided adequate procedural fairness mechanisms and whether it adequately protected the rights of the employees. Ultimately, the Commission found that the proposed agreement was fair and met all the statutory requirements. Consequently, the Fair Work Commission approved the Betta Power Services Enterprise Agreement - 2019/2023, recognising it as valid and binding under the Fair Work Act 2009.

Betta Group of Companies 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