DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bon Electrics Pty Ltd T/A Bon Electrics
(AG2015/4061)

BON ELECTRICS ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2015

Application for approval of the Bon Electrics Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Bon Electrics 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 Bon Electrics Pty Ltd T/A Bon Electrics. 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, 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 4 August 2015 and, in accordance with s.54 of the Act, will operate from 11 August 2015. The nominal expiry date of the Agreement is 3 August 2019.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Bon Electrics Pty Ltd trading as Bon Electrics, and several of its employees represented by the Electrical Trades Union of Australia. The dispute centred around the approval of an enterprise agreement that had been negotiated between the employer and the union. The case was heard by the Fair Work Commission (FWC). The legal issues before the FWC were whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009 for it to be certified and thus approved. This included assessing whether the agreement had been genuinely negotiated, fairly made, and whether it provided for a fair and reasonable safety net for employees.

The FWC determined that the enterprise agreement did meet the necessary criteria. The Commission found that the agreement had been genuinely negotiated between the parties and fairly made. It noted that the terms of the agreement were reasonable and took into account the commercial position of the employer and the interests of the employees. The FWC was satisfied that the agreement provided for a fair and reasonable safety net for the employees, as it included provisions for minimum wages, penalty rates, and other employment conditions. The Commission concluded that the agreement was in the best interests of the employees and that it should be approved.

Accordingly, the FWC approved the Bon Electrics Enterprise Agreement 2015-2019, making it a legally binding instrument between the employer and the employees. The agreement now sets out the terms and conditions of employment for the employees covered by it, and any disputes arising from its interpretation or application can be resolved in accordance with its provisions. The decision of the FWC in this matter provides clarity and certainty for both the employer and employees in relation to the terms of their employment.

Bon Electrics Pty Ltd T/A Bon Electrics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established