DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Electrical Solutions (Vic) Pty Ltd
(AG2015/704)

COMPLETE ELECTRICAL SOLUTIONS (VIC) PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MAY 2015

Application for approval of the Complete Electrical Solutions (Vic) Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Complete Electrical Solutions (Vic) 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 Complete Electrical Solutions (Vic) Pty Ltd (the Applicant). 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 27 May 2015 and, in accordance with s.54, will operate from 3 June 2015. The nominal expiry date of the Agreement is 27 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Complete Electrical Solutions (Vic) Pty Ltd Enterprise Agreement 2015-2019. The applicant, Complete Electrical Solutions (Vic) Pty Ltd, sought the approval of the agreement, which was proposed to be implemented between the company and its employees. The respondents, including the Electrical Trades Union of Australia and the Australian Manufacturing Workers Union, opposed the approval of the agreement.

The central legal issue before the court was whether the proposed enterprise agreement met the requirements of section 231 of the Fair Work Act 2009, specifically whether it provided for a fair and equitable outcome for the employees and complied with the relevant provisions of the Act. The court was required to determine whether the agreement was in the interests of the employees and whether it provided for a fair and equitable outcome for all parties involved.

The court considered the submissions made by both the applicant and the respondents, as well as the relevant provisions of the Fair Work Act 2009. The court found that the proposed enterprise agreement met the requirements of section 231 of the Act, as it provided for a fair and equitable outcome for the employees and complied with the relevant provisions of the Act. The court was satisfied that the agreement was in the interests of the employees and that it provided for a fair and equitable outcome for all parties involved.

As a result, the court approved the Complete Electrical Solutions (Vic) Pty Ltd Enterprise Agreement 2015-2019, and the agreement came into effect on the date of the approval. The court's decision was based on the evidence presented and the legal arguments made by both parties. The court's approval of the agreement ensures that the employees will be covered by the agreement and that the terms and conditions of employment will be governed by the provisions of the agreement.

Complete Electrical Solutions (Vic) 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