DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Control & Design Pty Ltd
(AG2017/5381)

CONTROL & DESIGN PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 4 APRIL 2018

Application for approval of the Control & Design Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Control & Design Pty Ltd 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 Control & Design 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 11 April 2018. The nominal expiry date of the Agreement is 4 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Control & Design Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement, the Control & Design Pty Ltd Enterprise Agreement 2017 - 2021. The dispute arose as the applicant sought to finalise the terms of employment for their workers. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The legal issues before the court revolved around the provisions of the Fair Work Act 2009, specifically focusing on whether the agreement satisfied the criteria for being a "single, intelligible, and complete" document. The court had to consider whether the agreement provided for the terms and conditions of employment comprehensively and clearly. Additionally, the court examined if the agreement contained any terms that contravened the "better off overall test," ensuring that employees were not disadvantaged by the agreement.

In reaching its decision, the Fair Work Commission assessed the agreement against the statutory framework. The Commission found that the Control & Design Pty Ltd Enterprise Agreement 2017 - 2021 was indeed a single, intelligible, and complete document, addressing all necessary terms and conditions of employment. Furthermore, the Commission concluded that the agreement did not contain any terms that would disadvantage employees, thereby satisfying the better off overall test. Consequently, the application for approval was successful.

The final orders of the Fair Work Commission were to approve the Control & Design Pty Ltd Enterprise Agreement 2017 - 2021 as compliant with the relevant statutory requirements. This decision confirmed the agreement's validity and authorised its implementation for the specified period.

Control & Design 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