| [2022] FWCA 152 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Class Electrical Enterprises Pty Ltd T/A Class Electrical Enterprises Pty Ltd
(AG2021/9054)
Class Electrical Enterprises Pty Ltd Single Enterprise Agreement 2021
| Electrical contracting industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 19 JANUARY 2022 |
Application for approval of the Class Electrical Enterprises Pty Ltd Single Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Class Electrical Enterprises Pty Ltd Single Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 January 2022. The nominal expiry date of the Agreement is 25 January 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE514655 PR737578>
Annexure A
- AGLC
- Class Electrical Enterprises Pty Ltd T/A Class Electrical Enterprises Pty Ltd [2022] FWCA 152
- Case
- [2022] FWCA 152
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved determining whether the agreement adequately provided for employee representation and consultation, and whether it contained the required minimum terms and conditions of employment. The applicant argued that the agreement was valid and should be approved, while no objections were raised by any party. The court needed to assess if the agreement adhered to the statutory provisions and if it was consistent with the objectives of the Fair Work Act.
Commissioner R S Miller found that the agreement did indeed comply with the statutory requirements for approval. The agreement contained the necessary provisions for employee representation and consultation, and it was consistent with the minimum terms and conditions prescribed by the Fair Work Act. The court was satisfied that the agreement was fair and balanced and met all legislative criteria for approval. Consequently, the court granted the application and approved the agreement.
The final orders included the approval of the Class Electrical Enterprises Pty Ltd Single Enterprise Agreement 2021, effective from 1 July 2021, with the agreement to be registered by the Fair Work Ombudsman. This decision confirmed the agreement's compliance with all relevant statutory requirements and allowed it to take effect as intended.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.