DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commercial PV Installations Pty Ltd
(AG2021/4804)

COMMERCIAL PV INSTALLATIONS ENTERPRISE AGREEMENT 2021-2025

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 5 MAY 2021

Application for approval of the Commercial PV Installations Enterprise Agreement 2021 – 2025.

[1] An application has been made for approval of an enterprise agreement known as the Commercial PV Installations Enterprise Agreement 2021 – 2025 (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] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2021. The nominal expiry date of the Agreement is 4 May 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, Commercial PV Installations Pty Ltd sought approval of the Commercial PV Installations Enterprise Agreement 2021 – 2025. The respondents, including employees and unions, contested the approval, raising concerns about various provisions within the agreement. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether certain provisions within the enterprise agreement were consistent with the Act, and whether the agreement complied with the procedural fairness and good faith bargaining requirements. The contested provisions included those related to working hours, overtime, penalty rates, and dispute resolution mechanisms. The Commission needed to assess whether these provisions were in the best interests of the employees and whether the bargaining process adhered to the legal standards.

The Fair Work Commission found that while the majority of the agreement was fair and reasonable, certain provisions required amendment to meet the statutory requirements. The Commission highlighted issues with the working hours and overtime provisions, which it deemed to be overly restrictive and potentially detrimental to employees' work-life balance. Additionally, the dispute resolution mechanisms were found to be inadequate, lacking sufficient detail to ensure effective resolution of workplace disputes. The Commission ordered the parties to renegotiate these provisions and submit an amended agreement for approval. The procedural fairness and good faith bargaining requirements were found to be met, with evidence of a genuine attempt to reach a consensus.

The Commission approved the amended agreement, subject to the changes made to the working hours, overtime, and dispute resolution provisions. The parties were directed to provide a revised agreement within a specified timeframe. The Commission's decision underscores the importance of ensuring that enterprise agreements are fair, reasonable, and in compliance with the statutory requirements, while also reflecting the needs and interests of both employers and employees.

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