DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commercial PV Installations Pty Ltd
(AG2017/688)

COMMERCIAL PV INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	SYDNEY, 27 MARCH 2017

Application for approval of the Commercial PV Installations Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Commercial PV Installations Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commercial PV Installations 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, 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. 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.

[4] The Agreement was approved on 27 March 2017 and, in accordance with s.54, will operate from 3 April 2017. The nominal expiry date of the Agreement is 27 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Commercial PV Installations Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The application was contested by the Australian Manufacturing Workers' Union. The dispute was heard by the Commission, and the decision was handed down in a written judgement. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the question was whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award.

The Commission considered the various provisions of the agreement and the relevant awards. It found that the agreement did provide for terms and conditions that were no less favourable than the applicable award. The agreement contained provisions that were, in some respects, more favourable than the award, such as in relation to leave entitlements and penalty rates. The Commission concluded that the agreement met the requirements of the Act and approved the application. The Commission also made an order that the agreement be registered and that it would remain in force until the end of the specified period or until varied or terminated in accordance with the Act.

Commercial PV Installations 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