DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Control and Electric Pty Ltd
(AG2016/3675)

CONTROL AND ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

Application for approval of the Control and Electric Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Control and Electric Pty Ltd Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Control and Electric 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2016. The nominal expiry date of the Agreement is 2 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Control and Electric Pty Ltd sought approval for its Single Enterprise Agreement 2016, which it had negotiated with relevant unions. The application was brought before the Fair Work Commission, where the unions contested the application, raising concerns about the terms and conditions outlined in the proposed agreement. The primary dispute centred on whether the agreement met the legal requirements under the Fair Work Act 2009, including fairness, transparency, and compliance with minimum standards. The Commission was tasked with determining whether the proposed agreement should be certified as a single enterprise agreement, thereby making it legally binding between the employer and the employees.

The legal issues before the Commission involved assessing the fairness and compliance of the agreement with the statutory framework. The unions argued that several provisions within the agreement did not meet the necessary fairness standards, particularly regarding wages and conditions. The employer, on the other hand, contended that the agreement was fair and represented the best terms achievable in the circumstances. The Commission had to consider whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions. Additionally, it needed to evaluate whether the agreement complied with the minimum standards set by the Fair Work Act, including provisions on minimum wages, penalty rates, and leave entitlements.

The Commission reviewed the evidence and submissions from both parties, examining the negotiation process and the terms of the proposed agreement. It found that the employer had engaged in genuine negotiations and that the terms of the agreement were fair and reasonable, given the economic and operational context. The Commission also determined that the agreement complied with the minimum standards and did not disadvantage the employees in any significant way. Consequently, it approved the application for certification, finding that the agreement met all necessary legal requirements. The Commission's decision was grounded in a comprehensive assessment of the evidence and a balanced consideration of the interests of both the employer and the employees.

Control and Electric 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