DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Credible Building Technologies Pty Limited
(AG2015/2546)

CREDIBLE BUILDING TECHNOLOGIES PTY LIMITED ELECTRICAL TRADES ENTERPRISE AGREEMENT 2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 MAY 2015

Application for approval of the Credible Building Technologies Pty Limited Electrical Trades Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Credible Building Technologies Pty Limited Electrical Trades 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 Credible Building Technologies Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 12 May 2015. The nominal expiry date of the Agreement is 4 May 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Credible Building Technologies Pty Limited (Credible) applied for the approval of the Credible Building Technologies Pty Limited Electrical Trades Enterprise Agreement 2015. The application was brought before the Fair Work Commission. The dispute concerned the validity and appropriateness of the proposed enterprise agreement, which was intended to regulate the terms and conditions of employment for certain employees within the electrical trades sector employed by Credible.

The central legal issues the court needed to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including the provisions concerning genuine bargaining, the procedural fairness of the bargaining process, and whether the agreement provided a safety net of minimum terms and conditions. The court also had to consider whether the agreement contained provisions that were contrary to public policy or were otherwise unfair.

In reaching its decision, the Commission examined the evidence and submissions provided by the parties. The Commission determined that the agreement had been genuinely bargained for and that the bargaining process was procedurally fair. The agreement was found to provide a safety net of minimum terms and conditions that were no less favourable than the applicable awards or registered agreements. The Commission further found that the agreement did not contain any provisions that were contrary to public policy or were otherwise unfair. Consequently, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Credible Building Technologies Pty Limited Electrical Trades Enterprise Agreement 2015 to be registered. This approval confirms the agreement's compliance with the statutory requirements and its suitability as a basis for regulating the employment terms and conditions for the relevant employees.

Credible Building Technologies Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established