DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contact Electrical Pty Ltd
(AG2019/409)

CONTACT ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 13 JUNE 2019

Application for approval of the Contact Electrical Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Contact Electrical Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Contact Electrical 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Contact Electrical Pty Ltd applied for the approval of the Contact Electrical Pty Ltd Enterprise Agreement 2018. The application was made by the employer, and the relevant unions opposed the approval of certain aspects of the agreement. The dispute centred on various provisions of the proposed agreement, including terms related to wages, hours of work, and other conditions of employment for the employees covered by the agreement.

The legal issues before the Commission involved determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall and in the round" agreement. This involved assessing the fairness and reasonableness of the terms and conditions proposed in the agreement, including the wage rates, penalty rates, and other employment conditions. The Commission also considered the implications of the agreement on the employees' rights and entitlements under the National Employment Standards and any applicable award or registered agreement.

The Fair Work Commission carefully examined the evidence and submissions presented by both the employer and the unions. It considered the economic and operational context of the proposed agreement, the bargaining power of the parties, and the impact of the agreement on the employees. Ultimately, the Commission found that the proposed agreement did not meet the "better off overall and in the round" test, as certain provisions did not provide employees with a fair and reasonable outcome. Consequently, the application for approval of the Contact Electrical Pty Ltd Enterprise Agreement 2018 was dismissed.

The Commission did not approve the proposed agreement and directed that the application be dismissed. This decision ensures that the terms and conditions of employment for the employees covered by the agreement remain subject to the applicable awards, registered agreements, and the National Employment Standards until a new agreement that meets the legal requirements is negotiated and approved.

Contact 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