CVSG Electrical Construction Pty Ltd

[2017] FWCA 2124

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CVSG Electrical Construction Pty Ltd

(AG2017/942)

CVSG Electrical Construction Enterprise Agreement - 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 APRIL 2017

Application for approval of the CVSG Electrical Construction Enterprise Agreement - 2017-2021.

An application has been made for approval of an enterprise agreement known as the CVSG Electrical Construction Enterprise Agreement - 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CVSG Electrical Construction 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 18 April 2017 and, in accordance with s.54, will operate from 25 April 2017. The nominal expiry date of the Agreement is 18 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, CVSG Electrical Construction Pty Ltd applied for approval of an enterprise agreement, the CVSG Electrical Construction Enterprise Agreement 2017-2021. The application was made by the employer, CVSG Electrical Construction Pty Ltd, and involved several unions representing the employees. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically whether it complied with the necessary legal and procedural requirements for approval.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it was free from any coercion or undue influence, and whether it complied with the provisions of the Act. Additionally, the court needed to ensure that the agreement was appropriately certified by an accredited bargaining representative and that it contained the necessary minimum entitlements as stipulated by the Act.

In delivering the decision, the Commission considered the evidence presented by both the employer and the unions. The Commission found that the agreement was made in good faith, was free from any coercion, and was certified by an accredited bargaining representative. Furthermore, the agreement was deemed to comply with the minimum entitlements required by the Act. Consequently, the Commission approved the CVSG Electrical Construction Enterprise Agreement 2017-2021, finding that it met all the necessary legal and procedural requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established