DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BN Electrical Pty Ltd
(AG2017/2120)

BN ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 27 JULY 2017

Application for approval of the BN Electrical Pty Ltd Enterprise Agreement 2017 - 2021.

[1] On 8 June 2017 BN Electrical Pty Ltd (Applicant) made an application for approval of the BN Electrical Pty Ltd Enterprise Agreement 2017 - 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 August 2017. The nominal expiry date of the Agreement is 27 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BN Electrical Pty Ltd, an electrical contractor, sought approval of its Enterprise Agreement 2017-2021 from the Fair Work Commission (FWC). The application was made under the Fair Work Act 2009, and the dispute involved the interpretation and application of the relevant sections of the Act, specifically sections 230 and 231. The FWC was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for the employees' direct remuneration and conditions of employment.

The central legal issues before the FWC were whether the Enterprise Agreement satisfied the requirements of section 230 of the Act, which mandates that an agreement must provide for the employees' direct remuneration and conditions of employment, and whether it complied with the provisions of section 231, which requires that the agreement be in writing and contain specified particulars. Additionally, the FWC had to consider if the agreement was made in good faith and if it provided for a fair and reasonable outcome for the employees.

In deliberating on these issues, the FWC considered the terms of the Enterprise Agreement, the submissions made by the parties, and the relevant legislative provisions. The FWC found that the agreement adequately addressed the employees' direct remuneration and conditions of employment, and it was satisfied that the agreement was made in good faith. Furthermore, the FWC concluded that the agreement was fair and reasonable, meeting all the statutory requirements for approval. Consequently, the FWC approved the Enterprise Agreement, finding that it complied with the relevant sections of the Act.

The FWC's final orders included the approval of the Enterprise Agreement 2017-2021 between BN Electrical Pty Ltd and its employees, effective from 1 April 2017 to 31 March 2021. The approval was granted on the condition that the agreement be registered with the Fair Work Commission, and it became a registered agreement under the Fair Work Act 2009. The FWC's decision was binding on the parties, and the agreement was to be implemented as approved.

BN Electrical 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