DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Code Electrical Pty Ltd
(AG2015/4455)

CODE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Code Electrical Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Code Electrical Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Code Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[1] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[2 The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 2 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Code Electrical Pty Ltd sought approval of the Code Electrical Pty Ltd Enterprise Agreement 2015-2019. The application was made by the employer, Code Electrical Pty Ltd, who argued that the agreement was suitable for registration under the Fair Work Act 2009. The application was opposed by the Electrical Trade Union of Australia, who contended that the agreement did not meet the statutory requirements for approval and that it was not in the best interests of the employees.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, whether it included appropriate provisions for minimum rates of pay, allowances, and entitlements, and whether it was made in good faith. The Commission also examined whether the agreement provided for adequate dispute resolution mechanisms and whether it included appropriate provisions for the protection of employees' rights and interests.

The Commission found that the agreement did not meet the statutory requirements for approval as it did not provide for adequate minimum rates of pay and entitlements for employees. The Commission noted that the agreement provided for lower rates of pay and fewer entitlements than those provided for in the relevant awards and that it did not include appropriate provisions for overtime, penalty rates, and leave entitlements. The Commission also found that the agreement did not provide for adequate dispute resolution mechanisms and that it did not include appropriate provisions for the protection of employees' rights and interests. Accordingly, the Commission refused to approve the agreement.

The Fair Work Commission refused to approve the Code Electrical Pty Ltd Enterprise Agreement 2015-2019. The Commission found that the agreement did not meet the statutory requirements for approval and was not in the best interests of the employees. The Commission ordered that the agreement be returned to the parties for further negotiation and that any new agreement be made in accordance with the requirements of the Fair Work Act.

Code 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