DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cowell Electric Supply Pty Ltd T/A Cowell Electric
(AG2019/5039)

COWELL ELECTRIC SUPPLY PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 10 MARCH 2020

Application for approval of the Cowell Electric Supply Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cowell Electric Supply Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cowell Electric Supply Pty Ltd T/A Cowell Electric. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2020. The nominal expiry date of the Agreement is 9 March 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Cowell Electric Supply Pty Ltd, trading as Cowell Electric, applied for approval of the Cowell Electric Supply Pty Ltd Enterprise Agreement 2019. The respondent, Electrical Trades Union of Australia, opposed the application on various grounds, including concerns about the process through which the agreement was negotiated and the impact of certain clauses on employee entitlements and protections. The central dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. The respondent argued that the negotiation process was flawed, and certain clauses in the agreement adversely affected employee rights and entitlements. The Commission had to determine if the agreement was fairly and genuinely negotiated, and if it provided for fair and reasonable terms and conditions for employees.

The Fair Work Commission found that the agreement was genuinely negotiated, despite some procedural irregularities, and that it met the requirements of the Fair Work Act. The Commission acknowledged that while the negotiation process could have been improved, the overall integrity of the agreement was not compromised. The Commission also concluded that the agreement provided for fair and reasonable terms and conditions, including appropriate pay rates, leave entitlements, and other employment conditions. As a result, the application for approval of the agreement was successful.

The Fair Work Commission approved the Cowell Electric Supply Pty Ltd Enterprise Agreement 2019, subject to certain conditions to address the concerns raised by the respondent. The conditions included a requirement for the employer to implement a more robust negotiation process for future agreements and to review specific clauses in the agreement to ensure they do not adversely affect employee entitlements. The Commission's decision ensures that the agreement is legally valid and provides a fair framework for the employment relationship between the employer and employees.

Cowell Electric Supply Pty Ltd T/A Cowell Electric

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established