DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deadshort Electrical Pty Ltd
(AG2017/3016)

DEADSHORT ELECTRICAL SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 OCTOBER 2017

Application for approval of the Deadshort Electrical Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Deadshort Electrical Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deadshort Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 24 October 2017. The nominal expiry date of the Agreement is 13 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Deadshort Electrical Pty Ltd applied to the Fair Work Commission for approval of the Deadshort Electrical Single Enterprise Agreement 2016. The application was made under the Fair Work Act 2009, which requires that certain criteria be met before an enterprise agreement can be approved. The dispute centred on whether the agreement met these criteria, particularly regarding procedural fairness and the involvement of employees in the negotiation process.

The legal issues before the Fair Work Commission involved assessing whether the agreement was fairly and properly negotiated, whether it complied with the relevant provisions of the Fair Work Act, and whether it adhered to the principles of procedural fairness. The company argued that the agreement was the result of proper negotiations and met all legal requirements, while the opposing party contended that the process was flawed and that the agreement should not be approved.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the negotiation process and the adherence to procedural fairness. The Commission concluded that the agreement was indeed the result of proper negotiations and met all the statutory requirements. It found that the process was fair and that there was no procedural unfairness in the negotiation or approval of the agreement. Consequently, the Commission approved the Deadshort Electrical Single Enterprise Agreement 2016.

Deadshort Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established