DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Days Electrical Contracting Pty Ltd T/A Laser Electrical Portland
(AG2016/3314)

DAYS ELECTRICAL CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2016-2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the Days Electrical Contracting Pty Ltd Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Days Electrical Contracting Pty Ltd Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Days Electrical Contracting Pty Ltd T/A Laser Electrical Portland. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 27 June 2016 and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 27 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Days Electrical Contracting Pty Ltd, trading as Laser Electrical Portland, sought approval of the Days Electrical Contracting Pty Ltd Enterprise Agreement 2016-2018. The application was before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The decision involved assessing the fairness and appropriateness of the terms and conditions outlined in the agreement.

The primary legal issues the Commission needed to address were whether the agreement complied with the formal requirements of the Fair Work Act, whether it was made in good faith, and whether it contained only matters that were genuinely negotiable. The Commission also needed to consider whether the agreement provided for a fair and reasonable way of resolving disputes. The fairness of the agreement's terms, including the remuneration and conditions of employment, was also scrutinised.

The Commission found that the agreement complied with the formal requirements of the Fair Work Act, was made in good faith, and contained genuinely negotiable matters. The terms of the agreement were considered fair and reasonable, providing for a reasonable way of resolving disputes. The remuneration and conditions of employment were also deemed to be fair, taking into account the nature of the work and the industry standards. Consequently, the Commission approved the Days Electrical Contracting Pty Ltd Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Days Electrical Contracting Pty Ltd Enterprise Agreement 2016-2018, effective from the date of the decision. This decision provides clarity for both the employer and the employees, ensuring that the agreement meets all legal requirements and promotes fair and reasonable terms of employment.

Days Electrical Contracting Pty Ltd T/A Laser Electrical Portland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established