DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Degree C Pty Ltd
(AG2021/8440)

DEGREE C PTY LTD ENTERPRISE AGREEMENT 2021 [ELECTRICAL, REFRIGERATION & MECHANICAL SERVICES DIVISIONS]

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 7 DECEMBER 2021

Application for approval of the Degree C Pty Ltd Enterprise Agreement 2021 [Electrical, Refrigeration & Mechanical Services Divisions].

[1] An application has been made for approval of an enterprise agreement known as the Degree C Pty Ltd Enterprise Agreement 2021 [Electrical, Refrigeration & Mechanical Services Divisions] (Agreement). The application was made by Degree C Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertaking. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] Pursuant to s.190(3) of the Act, I accept the Undertaking.

[5] Subject to the Undertaking, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2021. The nominal expiry date of the Agreement is 26 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Degree C Pty Ltd, a company operating in the electrical, refrigeration, and mechanical services sectors, applied for approval of their Enterprise Agreement 2021. The application was before the Fair Work Commission, which must decide whether the agreement meets the requirements of the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement provides for a fair and reasonable terms of employment, and whether it complies with the 'better off overall test' as stipulated by the Act.

The Fair Work Commission examined the proposed agreement clause by clause, considering factors such as the minimum wage rates, penalty rates, leave provisions, and other employment terms. The Commission assessed the agreement against the statutory criteria, including ensuring the agreement provides for fair and reasonable terms of employment, and that it meets the better off overall test. The Commission also considered submissions from both the employer and the employees' representatives, as well as relevant industry benchmarks and data.

After thorough examination, the Fair Work Commission found that the proposed agreement met the statutory criteria. The agreement provided for fair and reasonable terms of employment and satisfied the better off overall test. The Commission took into account the specific circumstances of the industry and the bargaining positions of the parties, and concluded that the proposed agreement was appropriate. Consequently, the Commission approved the Degree C Pty Ltd Enterprise Agreement 2021, enabling it to come into effect and govern the employment terms for the relevant employees.

The Fair Work Commission made an order approving the Degree C Pty Ltd Enterprise Agreement 2021, effective from the date of the Commission's decision. This decision ensures that the terms and conditions outlined in the agreement will apply to the employees in the electrical, refrigeration, and mechanical services divisions, providing them with a legally binding framework for their employment.

Degree C 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