DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chris Lee Electrical Pty Ltd
(AG2021/5175)

CHRIS LEE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT DEAN	SYDNEY, 26 MAY 2021

Application for approval of the Chris Lee Electrical Pty Ltd Enterprise Agreement.

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

[2] 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. The undertakings are taken to be a term of 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 2 June 2021. The nominal expiry date of the Agreement is 26 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chris Lee Electrical Pty Ltd applied for approval of an enterprise agreement. The applicant sought to have the agreement approved under section 174 of the Fair Work Act 2009, as a registered agreement. The matter was heard in the Fair Work Commission. The primary legal issue the court had to address was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the court considered whether the agreement was made in accordance with the correct process and whether all necessary steps were followed. Substantively, the court examined if the agreement met the criteria for being a lawful and fair agreement, including provisions on pay, hours of work, and other terms and conditions of employment.

The court found that the agreement was procedurally sound, having been made through the appropriate bargaining process and with the necessary parties involved. It was also satisfied that the substantive terms of the agreement were fair and reasonable. The agreement contained provisions that were within the bounds of what was considered lawful and equitable under the Fair Work Act. The court noted that the agreement provided for adequate pay and conditions, and did not contain any terms that were unfair or oppressive to employees. Therefore, the court approved the agreement under section 174 of the Fair Work Act.

In its decision, the court approved the Chris Lee Electrical Pty Ltd Enterprise Agreement, deeming it to meet the statutory requirements for registration. The agreement was recognised as a valid and binding contract between the employer and the employees, effective from the date of approval. This decision ensures that the terms and conditions set out in the agreement are enforceable and provide a clear framework for the employment relationship.

Chris Lee 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