DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bromar Electrical Services (Aust) Pty Ltd
(AG2019/1954)

BROMAR ELECTRICAL SERVICES (AUST) PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JULY 2019

Application for approval of the Bromar Electrical Services (Aust) Pty Ltd Enterprise Agreement 2018 - 2022

[1] Bromar Electrical Services (Aust) Pty Ltd has made an application for approval of an enterprise agreement known as the Bromar Electrical Services (Aust) Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 16 July 2019 and, in accordance with s 54, will operate from 23 July 2019. The nominal expiry date of the Agreement is 16 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bromar Electrical Services (Aust) Pty Ltd was the subject of an application for the approval of an enterprise agreement between the company and its employees for the period 2018-2022. The matter was heard in the Fair Work Commission. The central dispute revolved around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues the Commission needed to resolve included whether the agreement had been genuinely negotiated, was free from coercion and undue influence, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission examined whether the agreement met the procedural requirements, including the proper notification and information processes.

In assessing these issues, the Commission examined the evidence presented by both parties. It found that the agreement had been genuinely negotiated and that it did not contain any elements of coercion or undue influence. The Commission also determined that the agreement was in compliance with the statutory provisions and that the necessary procedural steps had been followed. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's decision was that the Bromar Electrical Services (Aust) Pty Ltd Enterprise Agreement 2018-2022 was approved and registered under the Fair Work Act 2009. This determination brought the agreement into effect, allowing the terms and conditions outlined within it to govern the employment relationship between Bromar Electrical Services (Aust) Pty Ltd and its employees.

Bromar Electrical Services (Aust) 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