DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compleat Electrics
(AG2017/2461)

COMPLEAT ELECTRICS ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 19 JULY 2017

Application for approval of the Compleat Electrics Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Compleat Electrics 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 Compleat Electrics. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 18 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application by Compleat Electrics for the approval of the Compleat Electrics Enterprise Agreement 2017-2021. The applicants sought to have the agreement registered as a registered agreement under the Fair Work Act 2009, which would make it legally enforceable against the parties involved. The nature of the dispute was primarily procedural, focusing on whether the agreement met all the legal requirements for registration, including proper consultation and the absence of any unlawful content.

The legal issues at the heart of the case were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, and whether the agreement contained any unlawful content that would render it ineligible for registration. The Commission needed to determine if the bargaining process was genuine and if the agreement was made in good faith. Additionally, it was essential to ensure that the agreement did not contravene any provisions of the Fair Work Act, including those related to minimum wages and conditions.

In reaching its decision, the Fair Work Commission examined the bargaining process and found it to be genuine. The Commission was satisfied that the agreement was made in good faith and that all necessary steps were taken to ensure that employees had an opportunity to be involved in the bargaining process. Furthermore, the Commission confirmed that the agreement did not contain any unlawful content and was compliant with all relevant provisions of the Fair Work Act. Consequently, the Commission approved the application for the registration of the Compleat Electrics Enterprise Agreement 2017-2021.

The final orders of the Commission were that the application for the approval of the Compleat Electrics Enterprise Agreement 2017-2021 be granted, and the agreement be registered as a registered agreement under the Fair Work Act 2009. The decision underscores the importance of a genuine and transparent bargaining process, and highlights the need for all parties to ensure that any enterprise agreements are compliant with the legal requirements set out in the Fair Work Act.

Compleat Electrics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established