C&J Richards Family Trust T/A C.R Electrical Solutions Pty Ltd Summary

[2018] FWCA 6764

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

C&J Richards Family Trust T/A C.R Electrical Solutions Pty Ltd

(AG2018/3516)

C.R Electrical Solutions Pty Ltd Enterprise Agreement 2018 - 2022

Electrical contracting industry
Deputy President Masson	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the C.R Electrical Solutions Pty Ltd Enterprise Agreement 2018 - 2022.

An application has been made for approval of an enterprise agreement known as the C.R Electrical Solutions 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 C&J Richards Family Trust T/A C.R Electrical Solutions Pty Ltd. The Agreement is a single enterprise agreement.

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.

I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):
·     Clause 4 – Casual employees;
·     Clause 5.1.8- Termination Payment;
·     Clause 7.2.2 – Annual Leave.

However, noting clause 5.14 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2018. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the C&J Richards Family Trust, trading as C.R Electrical Solutions Pty Ltd, and their employees, represented by the Electrical Trades Union of Australia. The dispute centred around the application for approval of the C.R Electrical Solutions Pty Ltd Enterprise Agreement 2018 - 2022. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement in question met the necessary criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement had been made in accordance with the relevant provisions of the Act, and whether it complied with the procedural and substantive requirements necessary for its approval. This included examining the fairness of the agreement, its compliance with the low paid and safety net standards, and whether the agreement had been genuinely negotiated.

In delivering its decision, the court considered the submissions made by both parties, along with the evidence provided. The court found that the enterprise agreement was genuinely negotiated, as it was the result of a collective bargaining process between the employer and the employees' representative. The court also found that the agreement met the necessary criteria for approval under the Fair Work Act, including compliance with the low paid and safety net standards, and that it was fair and reasonable in all the circumstances. Consequently, the court approved the C.R Electrical Solutions Pty Ltd Enterprise Agreement 2018 - 2022.

The court's final order was the approval of the enterprise agreement, which is now legally binding on both the employer and the employees. The agreement will govern the employment terms and conditions of the employees for the period from 1 July 2018 to 30 June 2022, unless otherwise terminated or varied in accordance with the Fair Work Act.

C&J Richards Family Trust T/A C.R Electrical Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established