DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blackman Electrical Services Pty Ltd
(AG2015/4319)

BLACKMAN ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 AUGUST 2015

Application for approval of the Blackman Electrical Services Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Blackman Electrical Services Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blackman Electrical Services 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 25 August 2015 and, in accordance with s.54, will operate from 1 September 2015. The nominal expiry date of the Agreement is 25 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission, in the case of Blackman Electrical Services Pty Ltd, addressed an application for the approval of an enterprise agreement. The applicant, Blackman Electrical Services Pty Ltd, sought to have the agreement, which was negotiated between the employer and its employees, ratified by the Commission. The dispute centred around whether the agreement complied with the relevant legislative requirements and if it met the standards for fairness and registration.

The primary legal issues that the Commission had to resolve involved the scrutiny of the agreement's content against the criteria set forth in the Fair Work Act 2009. These criteria included examining whether the agreement provided for minimum rates of pay, conditions of employment, and other matters, and if it contained provisions that were not contrary to public policy or unjust. The Commission also needed to consider if the agreement had been fairly negotiated and if the employees had been given adequate opportunity to voice their views.

In deliberating over the application, the Fair Work Commission assessed the agreement in light of the statutory provisions and relevant precedents. The Commission found that the agreement met the necessary requirements for approval. It was concluded that the agreement provided for fair and reasonable terms and conditions of employment, did not contravene any public policy, and had been negotiated in good faith. Consequently, the Commission approved the agreement, thereby enabling its implementation from the stipulated commencement date.

The final orders of the Commission approved the Blackman Electrical Services Pty Ltd Enterprise Agreement 2015 - 2019, allowing it to be registered and enforceable under the Fair Work Act 2009. The approval signified that the agreement would govern the terms and conditions of employment between Blackman Electrical Services Pty Ltd and its employees for the specified period.

Blackman Electrical Services 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