DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Classic Electrical Services Pty Ltd
(AG2016/3101)

CLASSIC ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2016

Application for approval of the Classic Electrical Services Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Classic Electrical Services Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Classic 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, 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 25 May 2016 and, in accordance with s.54, will operate from 1 June 2016. The nominal expiry date of the Agreement is 25 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Classic Electrical Services Pty Ltd sought approval for the Enterprise Agreement 2016 - 2020, which was a subject of dispute with its employees. The company aimed to establish terms and conditions of employment for its workers, which were to be governed by the agreement. The employees, represented by a union, opposed the agreement, raising concerns over various provisions, including pay rates, shift patterns, and redundancies.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the provisions for fair and reasonable terms and conditions. The Commission needed to determine if the agreement met the criteria for being deemed as meeting the "better off overall test" and whether it provided for the minimum entitlements required by law.

After thorough examination of the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable. The Commission highlighted that the agreement provided for terms and conditions that were no worse than the applicable award, and in many cases, better. The proposed pay rates, shift patterns, and redundancy provisions were deemed to be fair and reasonable, and the agreement met the better off overall test. Consequently, the Commission approved the agreement, finding it met the necessary legal standards under the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement 2016 - 2020 for Classic Electrical Services Pty Ltd, recognising it as meeting the statutory requirements for fairness and reasonableness. The agreement was thus approved and would govern the terms and conditions of employment for the employees of the company for the specified period.

Classic 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