DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Controls and Electrical Pty Ltd
(AG2015/5533)

CONTROLS & ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Controls & Electrical Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Controls & Electrical Pty Ltd Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Controls and 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 29 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Controls and Electrical Pty Ltd brought an application before the Fair Work Commission seeking approval of the Controls & Electrical Pty Ltd Single Enterprise Agreement 2015. The application involved determining whether the agreement met the legal criteria for approval, including whether it provided for a direct relationship between the employer and employees, whether it facilitated the efficient and productive operation of the enterprise, and whether it included appropriate mechanisms for the resolution of disputes. The primary legal issues were whether the agreement complied with the requirements of the Fair Work Act 2009, and whether the process for its negotiation and approval was fair and appropriate.

The Commission examined the negotiation process and the content of the agreement to ascertain if it met the statutory standards. It was crucial to determine if the agreement was made in good faith, provided for a direct relationship, and facilitated an efficient and productive workplace. The Commission also assessed whether the agreement provided for appropriate dispute resolution mechanisms and whether it contained provisions that were procedurally fair and substantively reasonable. The Commission considered the submissions from both parties and the broader implications of the agreement on the employees and the enterprise.

After thorough consideration, the Fair Work Commission determined that the Controls & Electrical Pty Ltd Single Enterprise Agreement 2015 met the necessary legal criteria for approval. The Commission found that the agreement provided for a direct relationship between the employer and employees, facilitated efficient and productive operations, and included appropriate mechanisms for dispute resolution. The Commission concluded that the agreement was fair and reasonable, and it approved the application. Consequently, the agreement was registered, and it became binding on the parties from the date of registration.

Controls and 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