DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brix Projects Australia T/A Synchro Group Pty Ltd
(AG2016/1077)

BRIX PROJECTS AUSTRALIA: ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of the Brix Projects Australia: Electrical Services Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Brix Projects Australia: Electrical Services Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brix Projects Australia T/A Synchro Group Pty Ltd. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2016. The nominal expiry date of the Agreement is 15 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brix Projects Australia T/A Synchro Group Pty Ltd applied to the Fair Work Commission for approval of the Electrical Services Enterprise Agreement 2016-2020. The application was opposed by the Electrical Industries Union of Australia. The primary dispute was over the terms of the proposed agreement, specifically whether it complied with the requirements of the Fair Work Act 2009.

The key legal issues before the commission were whether the agreement met the criteria for being a lawful and effective enterprise agreement. This included assessing if the agreement contained all the mandated terms and conditions, whether it was made in good faith, and if it was appropriately certified by the Fair Work Commission. The opposition raised concerns about the agreement's provisions on wages, hours of work, and other employment conditions.

The commission examined the terms of the proposed agreement against the statutory requirements. It found that the agreement did include all the mandated terms and conditions and was made in good faith. The commission also determined that the agreement was appropriately certified. Consequently, the application was approved, and the Electrical Services Enterprise Agreement 2016-2020 was registered.

Brix Projects Australia T/A Synchro Group 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