DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Control & Electric Pty Ltd
(AG2019/4858)

CONTROL & ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 JANUARY 2020

Application for approval of the Control & Electric Pty Ltd Single Enterprise Agreement 2019.

[1] Control & Electric Pty Ltd has applied for approval of a single enterprise agreement known as the Control & Electric Pty Ltd Single Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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 Electrical Trades Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 9 January 2020 and, in accordance with s.54, will operate from 16 January 2020. The nominal expiry date of the Agreement is 9 January 2023.

[5] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

The applicant, Control & Electric Pty Ltd, sought approval of the Control & Electric Pty Ltd Single Enterprise Agreement 2019. The respondents were the Electrical Trades Union of Australia and various employees of the applicant. The primary dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009 for a single enterprise agreement. The application was heard by the Fair Work Commission.

The legal issues before the court were whether the agreement was a "good faith" bargain, whether it adhered to the procedural fairness requirements, and whether it complied with the substantive provisions of the Fair Work Act 2009. Specifically, the court examined whether the agreement was certified as a single interest employer agreement and whether it met the criteria of being a simple, fair, and efficient agreement. The court also had to determine if the agreement provided adequate protections for employees, including minimum wages and conditions.

The Fair Work Commission found that the agreement was a genuine attempt to negotiate in good faith and was procedurally fair. The agreement was certified by the appropriate authority as a single interest employer agreement, meeting the criteria for simplicity, fairness, and efficiency. The court determined that the agreement provided sufficient protections for employees, including minimum wages and conditions, and was consistent with the objectives of the Fair Work Act 2009. Consequently, the court approved the Control & Electric Pty Ltd Single Enterprise Agreement 2019.

No further orders were made by the court. The approval of the agreement meant that it could be implemented as the governing agreement for the enterprise.

Control & 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