DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crawford Jones Pty Ltd T/A Laser Electrical Artarmon
(AG2014/8160)

CRAWFORD JONES PTY LTD ENTERPRISE AGREEMENT -2014-2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 DECEMBER 2014

Application for approval of the Crawford Jones Pty Ltd Enterprise Agreement - 2014/2017.

[1] An application has been made for approval of an enterprise agreement known as the Crawford Jones Pty Ltd Enterprise Agreement - 2014/2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 11 December 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Crawford Jones Pty Ltd trading as Laser Electrical Artarmon, the Fair Work Commission was tasked with considering the approval of an enterprise agreement for the period 2014-2017. The applicant, Crawford Jones Pty Ltd, sought approval of the proposed agreement, which was contested by the Electrical Trades Union of Australia, who raised objections on behalf of their members. The dispute primarily revolved around the terms and conditions of employment, remuneration, and working conditions outlined in the agreement.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, and whether it met the 'better off overall test' for the employees covered by the agreement. The Electrical Trades Union of Australia argued that the agreement did not adequately protect employees' rights and entitlements, particularly regarding overtime rates and penalty rates. They also contended that the proposed conditions would result in employees being worse off overall compared to their previous terms of employment.

The Commission thoroughly examined the evidence presented by both parties, including submissions on the financial viability of the business, the nature of the work performed, and the impact of the proposed changes on employee conditions. After considering the evidence, the Commission found that the proposed agreement did comply with the relevant statutory requirements and passed the 'better off overall test'. The Commission determined that the agreement provided adequate protections for employees and was in line with the broader principles of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, subject to certain conditions and clarifications to ensure employee protections were upheld.

Crawford Jones Pty Ltd T/A Laser Electrical Artarmon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established