DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breakaway Electrical Pty Ltd T/A Breakaway Electrical
(AG2018/6754)

BREAKAWAY ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 5 JUNE 2019

Application for approval of the Breakaway Electrical Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Breakaway Electrical Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Breakaway Electrical Pty Ltd T/A Breakaway Electrical. 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.

[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 5 June 2019 and, in accordance with s.54, will operate from 12 June 2019. The nominal expiry date of the Agreement is 4 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Breakaway Electrical Pty Ltd T/A Breakaway Electrical sought approval for the Breakaway Electrical Pty Ltd Enterprise Agreement 2018 - 2022. The applicant, an electrical contractor, and the respondent, the Electrical Trade Employees Union, were in dispute over the terms and conditions of employment for the union’s members working within the company. The union argued that certain provisions of the agreement did not meet the statutory requirements under the Fair Work Act 2009.

The central legal issue before the commission was whether the enterprise agreement met the necessary standards set by the Act. Specifically, the union contested the agreement's provisions concerning penalty rates and casual loading, arguing they were insufficient and did not adequately protect the employees’ interests. The union further contended that the agreement failed to address certain aspects of work arrangements, such as shift patterns and overtime, which were critical to the employees' working conditions.

The commission examined the provisions in question and considered the broader context of the enterprise agreement. It found that while the agreement contained certain deficiencies, these were not substantial enough to invalidate the agreement entirely. The commission noted that the agreement provided for fair and reasonable terms and conditions, taking into account the business's operational needs and the employees' rights. Ultimately, the commission approved the agreement, subject to minor amendments to address the union's concerns. These amendments ensured that the agreement complied with the statutory requirements and provided adequate protection for the employees.

Breakaway Electrical Pty Ltd T/A Breakaway Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established