DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Electrical Services (Aust) Pty Limited
(AG2015/4596)

CITY ELECTRICAL SERVICES (AUST) PTY LTD UNION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 AUGUST 2015

Application for approval of the City Electrical Services (Aust) Pty Ltd Union Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the City Electrical Services (Aust) Pty Ltd Union 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 City Electrical Services (Aust) Pty Limited. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 21 August 2015 and, in accordance with s.54, will operate from 28 August 2015. The nominal expiry date of the Agreement is 28 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

City Electrical Services (Aust) Pty Limited applied for the approval of the City Electrical Services (Aust) Pty Ltd Union Enterprise Agreement 2015. The Fair Work Commission was the tribunal that heard the application, with the Australian Council of Trade Unions being the second party to the agreement. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, which the applicant sought to have approved as a registered agreement under the Fair Work Act 2009.

The key legal issues before the Commission involved the compliance of the agreement with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the "better off overall test" (BOOT) and whether it contained permissible provisions. This included assessing whether the agreement appropriately dealt with matters such as minimum wages, penalty rates, hours of work, and other employment conditions. The Commission also examined whether the agreement was made in accordance with the relevant industrial instruments and if it adhered to procedural fairness.

In reaching its decision, the Commission considered the submissions made by both parties and evaluated the provisions of the agreement against the statutory requirements. The Commission found that the agreement was in compliance with the Fair Work Act 2009 and met the BOOT. It was determined that the proposed agreement provided employees with improved terms and conditions compared to the applicable awards or other relevant agreements. The Commission also concluded that the agreement was made in accordance with procedural fairness and did not contain any impermissible provisions. Therefore, the application for approval was granted.

The Fair Work Commission approved the City Electrical Services (Aust) Pty Ltd Union Enterprise Agreement 2015, making it a registered agreement under the Fair Work Act 2009. The approval came into effect from the date of the decision, ensuring that the terms and conditions outlined in the agreement are legally binding between the employer and the employees covered by the agreement.

City Electrical Services (Aust) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established