DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cutuli Electrical Pty Ltd T/A Cutuli Electrical
(AG2019/4292)

CUTULI ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 28 NOVEMBER 2019

Application for approval of the Cutuli Electrical Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cutuli Electrical Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Cutuli Electrical Pty Ltd T/A Cutuli Electrical. 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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2019. The nominal expiry date of the Agreement is 27 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Cutuli Electrical Pty Ltd Enterprise Agreement 2019. The dispute involved the applicant, Cutuli Electrical Pty Ltd, trading as Cutuli Electrical, and the respondent, the Electrical Trades Union of Australia. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for the proper protection of employee entitlements and conditions, including minimum rates of pay, overtime rates, penalty rates, allowances, and leave entitlements. The court also had to determine if the agreement met the procedural requirements for employee involvement in the bargaining process, including whether the agreement had been genuinely bargained and whether it complied with the "better off overall test".

The court found that the agreement provided for the proper protection of employee entitlements and conditions. The agreement included provisions for minimum rates of pay, overtime rates, penalty rates, allowances, and leave entitlements, which were consistent with the relevant industrial awards. The court also found that the agreement had been genuinely bargained and met the procedural requirements for employee involvement in the bargaining process. The agreement had been negotiated between the parties with genuine intention to reach an agreement, and the employees had been given a reasonable opportunity to be involved in the bargaining process. The court also found that the agreement met the "better off overall test" as the employees were better off overall under the agreement than they would be under the relevant industrial award.

The court approved the Cutuli Electrical Pty Ltd Enterprise Agreement 2019. The agreement was registered on the Register of Approved Agreements, and the parties were bound by its terms. The court's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement met the statutory requirements for approval under the Fair Work Act 2009.

Cutuli Electrical Pty Ltd T/A Cutuli Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established