DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BSH Electrical Pty Ltd
(AG2016/2469)

BSH ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	SYDNEY, 11 APRIL 2016

Application for approval of the BSH Electrical Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BSH Electrical Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BSH Electrical 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] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceedings were BSH Electrical Pty Ltd and the Electrical Trades Union of Australia, with the matter being heard by the Fair Work Commission. The dispute centred around the application for approval of the BSH Electrical Pty Ltd Enterprise Agreement 2015, which aimed to establish terms and conditions of employment for employees of BSH. The application for approval was contested by the Electrical Trades Union of Australia, which argued that the agreement did not adequately protect the rights and conditions of the employees.

The primary legal issues the court had to decide were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it provided a safety net for the employees. The court needed to consider the provisions of the agreement in relation to minimum entitlements, pay rates, hours of work, and other employment conditions, as well as the process by which the agreement was made. The court also needed to consider the views and submissions of the parties involved in the dispute.

In delivering its decision, the Fair Work Commission found that the BSH Electrical Pty Ltd Enterprise Agreement 2015 was generally compliant with the requirements of the Fair Work Act 2009. The court noted that the agreement provided for a fair and reasonable set of terms and conditions that protected the rights and interests of the employees. The commission acknowledged the process by which the agreement was made and found that it had been negotiated in good faith by the parties. The court also considered the submissions of the Electrical Trades Union of Australia and found that while there were some concerns raised, they did not outweigh the benefits of the agreement for the employees. Consequently, the Fair Work Commission approved the BSH Electrical Pty Ltd Enterprise Agreement 2015.

The final orders of the Fair Work Commission were that the BSH Electrical Pty Ltd Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of the decision and be binding on all employees covered by the agreement. The commission also ordered that any outstanding disputes between the parties be referred to the commission for further consideration.

BSH Electrical 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