DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Core Contracting Group Pty Ltd
(AG2015/4481)

CORE CONTRACTING GROUP PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 8 SEPTEMBER 2015

Application for approval of the Core Contracting Group Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Core Contracting Group Pty Ltd Enterprise Agreement 2015 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Core Contracting Group 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 8 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Core Contracting Group Pty Ltd sought approval of an enterprise agreement with its employees. The application was heard in the Fair Work Commission. The main issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it complied with the "better off overall test" and whether it had been genuinely negotiated.

The Commission examined the evidence presented by the parties regarding the negotiation process and the impact of the agreement on the employees' terms and conditions. It was noted that the agreement had been negotiated over a period of several months and that both parties had engaged in good faith discussions. The Commission also considered the impact of the agreement on the employees' take-home pay, entitlements, and other conditions of employment. Ultimately, the Commission found that the agreement met the "better off overall test" and was genuinely negotiated, and therefore approved the agreement.

The Fair Work Commission approved the enterprise agreement between Core Contracting Group Pty Ltd and its employees, finding that it met the requirements of the Fair Work Act 2009. The agreement was found to be genuinely negotiated and to meet the "better off overall test," which means that the employees were not worse off financially and had improved conditions of employment overall. The Commission's decision was based on the evidence presented by both parties and its consideration of the impact of the agreement on the employees' terms and conditions. The final orders of the Commission were that the enterprise agreement be approved and registered with the Fair Work Commission.

Core Contracting Group 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