DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bonnett’s Staff Electrical Contractors Pty Ltd
(AG2016/1464)

BONNETTS STAFF ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2016-2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 1 JULY 2016

Application for approval of the Bonnetts Staff Electrical Contractors Pty Ltd Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bonnetts Staff Electrical Contractors Pty Ltd Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bonnett’s Staff Electrical Contractors Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2016. The nominal expiry date of the Agreement is 7 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bonnett’s Staff Electrical Contractors Pty Ltd applied for approval of their Enterprise Agreement 2016-2018. The applicant argued that the proposed agreement provided fair and reasonable terms and conditions for their employees, in line with the requirements of the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the criteria for being deemed as meeting the "better-off overall test" and whether it provided fair and reasonable terms.

The Commission examined the application, considering the economic, social, and employment context in which the agreement was made. The central issue was whether the proposed agreement resulted in employees being better off overall compared to the applicable award or registered agreement. The Commission also considered the fairness of the proposed terms and conditions, ensuring they were not unduly harsh, unfair, or unreasonable.

After careful deliberation, the Commission concluded that the proposed agreement met the better-off overall test and provided fair and reasonable terms and conditions. The Commission approved the Bonnett’s Staff Electrical Contractors Pty Ltd Enterprise Agreement 2016-2018, effective from the date of the decision. The approval was contingent upon the agreement being certified by the relevant certifier within the prescribed timeframe.

Bonnett’s Staff Electrical Contractors 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