DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bewired Pty Ltd
(AG2018/5412)

BEWIRED PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 JUNE 2019

Application for approval of the Bewired Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Bewired Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bewired Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 13 June 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bewired Pty Ltd, which sought approval of the Bewired Pty Ltd Enterprise Agreement 2018 - 2022. The dispute arose when the Fair Work Commission was asked to determine whether the enterprise agreement should be approved and registered under the Fair Work Act 2009. The nature of the dispute focused on the fairness and compliance of the proposed agreement with the relevant legislative framework. The case was heard in the Fair Work Commission, with Commissioner McCabe presiding over the application.

The primary legal issues that the Commission had to decide were whether the agreement met the statutory requirements for approval, including its compliance with the Fair Work Act 2009 and its fairness in terms of the rights and obligations of the employees and the employer. Specifically, the Commission needed to assess if the agreement was genuinely bargained, free from coercion, and whether it provided a safety net for the employees that was at least equivalent to the national safety net provided by the relevant modern awards.

The Commission found that the agreement was genuinely negotiated and free from any form of coercion. It also concluded that the agreement provided a safety net for the employees that was at least equivalent to the national safety net. The Commission took into account the bargaining positions of the parties, the process of negotiation, and the content of the agreement. After a thorough examination, the Commission was satisfied that the agreement met all the necessary criteria for approval and registration.

The Fair Work Commission approved the Bewired Pty Ltd Enterprise Agreement 2018 - 2022, thereby allowing it to be registered under the Fair Work Act 2009. This decision provided certainty and stability to the terms of employment for the employees covered by the agreement, ensuring that they were adequately protected and fairly compensated. The registration of the agreement also facilitated a more streamlined and efficient industrial relations environment for both the employer and the employees.

Bewired 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