CVR Electrical Contracting Pty Ltd

[2017] FWCA 6481

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CVR Electrical Contracting Pty Ltd

(AG2017/3991)

CVR Electrical Contracting Pty Ltd Minor Works and Service Enterprise Bargaining Agreement 2017

Electrical contracting industry
Commissioner Lee	MELBOURNE, 5 DECEMBER 2017

Application for approval of the CVR Electrical Contracting Pty Ltd Minor Works and Service Enterprise Bargaining Agreement 2017.

An application has been made for approval of an enterprise agreement known as the CVR Electrical Contracting Pty Ltd Minor Works and Service Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CVR Electrical Contracting Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 4 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

CVR Electrical Contracting Pty Ltd applied to the Fair Work Commission for approval of the CVR Electrical Contracting Pty Ltd Minor Works and Service Enterprise Bargaining Agreement 2017. The dispute involved the classification of employees and the terms and conditions of their employment, particularly those who were engaged on a casual basis. The Commission was required to determine whether the agreement was suitable for registration and approval under the Fair Work Act 2009.

The central legal issues concerned whether the agreement was a genuine enterprise agreement and whether it complied with the requirements of the Act. This included assessing whether the agreement was made in good faith, whether it covered a relevant bargaining unit, and whether it met the "better off overall test" and the "single, direct subject of bargaining test". Additionally, the Commission had to consider the fairness and reasonableness of the terms and conditions set out in the agreement, particularly in relation to casual employees.

The Commission found that the agreement was a genuine enterprise agreement and met all the statutory requirements. It was made in good faith, covered a relevant bargaining unit, and satisfied the better off overall test. The Commission also found that the single, direct subject of bargaining test was met, as the agreement dealt with the terms and conditions of employment of the employees in the bargaining unit. In relation to casual employees, the Commission determined that the terms and conditions provided for in the agreement were fair and reasonable, taking into account the nature of the work and the bargaining power of the parties.

The Commission approved the CVR Electrical Contracting Pty Ltd Minor Works and Service Enterprise Bargaining Agreement 2017, and it will now be registered with the Fair Work Commission. This decision will provide certainty and stability to the employment relationship between CVR Electrical Contracting Pty Ltd and its employees, and it will govern the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established