DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carrier Electrical Services Pty Ltd
(AG2016/4407)

CARRIER ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2016

Application for approval of the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carrier Electrical Services 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2016. The nominal expiry date of the Agreement is 23 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2016. The applicant, Carrier Electrical Services Pty Ltd, sought to have the agreement recognised as a single enterprise agreement for its employees, and to have it registered under the Fair Work Act 2009. The dispute arose as both the applicant and the union representing the employees had reached an agreement in principle, but the union was seeking certain amendments before approving the agreement.

The primary legal issues before the court were whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically in relation to the process by which the agreement was negotiated and whether it contained the necessary minimum terms and conditions of employment. The court had to consider whether the agreement was genuinely negotiated, whether it was in writing and whether it provided for the minimum entitlements prescribed by the Act. Furthermore, the court needed to assess if the agreement satisfied the "better off overall test," meaning that the employees would be no worse off financially and would have some additional benefits.

In determining the application, the Fair Work Commission examined the evidence provided by both parties and the content of the proposed agreement. The Commission found that the agreement had been genuinely negotiated between the applicant and the union, and that it contained all the necessary minimum terms and conditions. The Commission also concluded that the agreement passed the "better off overall test," as it provided for some additional benefits to the employees while ensuring that they were not worse off financially. Consequently, the court approved the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2016 and ordered its registration under the Fair Work Act.

Carrier Electrical Services 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