DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bonnett’s Staff Electrical Contractors Pty Ltd
(AG2019/3393)

BONNETTS STAFF ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 11 NOVEMBER 2019

Application for approval of the Bonnetts Staff Electrical Contractors Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bonnetts Staff Electrical Contractors Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Bonnett’s Staff Electrical Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 is approved and, in accordance with s.54 of the Act, will operate from 18 November 2019. The nominal expiry date of the Agreement is 10 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bonnett’s Staff Electrical Contractors Pty Ltd, an electrical contracting company, sought approval of their 2019 Enterprise Agreement. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on several provisions within the agreement, including wage rates, conditions of employment, and the process for resolving disputes between the company and its employees.

The primary legal issues the Commission needed to address were whether the agreement was a bona fide enterprise agreement, whether it provided for a fair and efficient way to determine employees' terms and conditions of employment, and whether it met the "better off overall test". The Commission also considered whether the agreement contained provisions that were contrary to public policy or which unfairly disadvantaged employees. The company argued that the agreement was fair and reasonable, while the union representing the employees contended that certain provisions were unfair and did not meet the required standards.

The Commission carefully examined the provisions of the agreement, taking into account the principles of fairness and efficiency, and the need for a better off overall test. The Commission found that the agreement was a genuine enterprise agreement that provided for an efficient determination of employees' terms and conditions of employment. The wage rates and conditions within the agreement were deemed to be fair and reasonable, and the dispute resolution process was considered to be effective. The Commission also found that the agreement met the better off overall test and did not contain any provisions that were contrary to public policy or unfairly disadvantaged employees.

The Commission approved the Bonnett’s Staff Electrical Contractors Pty Ltd Enterprise Agreement 2019, recognising it as a valid and fair agreement between the company and its employees. The approval ensures that the terms and conditions set out in the agreement will be legally binding on both parties, providing a stable and predictable framework for employment within the company.

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