DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C & M Electrics (VIC) Pty Ltd T/A SS Electrics
(AG2019/3340)

SS ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 SEPTEMBER 2019

Application for approval of the SS Electrics Pty Ltd Enterprise Agreement 2019-2023.

[1] C & M Electrics (VIC) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SS Electrics Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 23 September 2019 and, in accordance with s 54, will operate from 30 September 2019. The nominal expiry date of the Agreement is 23 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of C & M Electrics (VIC) Pty Ltd T/A SS Electrics was brought before the Commission to seek approval of the SS Electrics Pty Ltd Enterprise Agreement 2019-2023. The applicant, C & M Electrics, sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The dispute primarily concerned the terms and conditions of employment outlined in the proposed agreement, as well as its compliance with relevant industrial laws.

The legal issues before the Commission included whether the agreement met the requirements for registration under the Fair Work Act, whether it provided for the minimum entitlements mandated by the Act, and whether it was made in good faith and without the influence of any unfair labour practices. The Commission also had to consider whether the agreement contained appropriate dispute resolution mechanisms and if it adequately balanced the interests of both employers and employees.

The Commission examined the application and found that the agreement generally complied with the requirements of the Fair Work Act. The agreement provided for the minimum entitlements required by law, including appropriate wages, leave provisions, and conditions of employment. The Commission also determined that the agreement was made in good faith and did not contain any unfair labour practices. Furthermore, the dispute resolution mechanisms provided in the agreement were deemed to be adequate and fair. Consequently, the Commission approved the registration of the SS Electrics Pty Ltd Enterprise Agreement 2019-2023 as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the registration of the SS Electrics Pty Ltd Enterprise Agreement 2019-2023, recognising it as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment outlined in the agreement are legally binding and enforceable for the specified period.

C & M Electrics (VIC) Pty Ltd T/A SS Electrics

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established