DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Degree C Pty Ltd
(AG2018/7178)

DEGREE C PTY LTD ENTERPRISE AGREEMENT 2018 [ELECTRICAL, REFRIGERATION & MECHANICAL SERVICES DIVISIONS]

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 18 APRIL 2019

Application for approval of the Degree C Pty Ltd Enterprise Agreement 2018 [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 2018 [Electrical, Refrigeration & Mechanical Services Divisions] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Degree C Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 25 April 2019. The nominal expiry date of the Agreement is 26 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Degree C Pty Ltd sought approval of an enterprise agreement that had been entered into with its employees, represented by the Electrical, Refrigeration and Mechanical Services Divisions. The dispute centred on the terms and conditions of employment, including wages, working hours, and other employment-related matters, as stipulated in the proposed agreement. The commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issues before the commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory requirements set out in the Fair Work Act. Specifically, the commission had to consider whether the agreement appropriately balanced the interests of both the employer and the employees and whether it met the criteria for being a "simplified and short enterprise agreement" as defined in the Act. The commission also needed to ensure that the agreement had been made in good faith and that the process leading to its creation was fair.

In assessing the application, the commission considered various factors, including the bargaining process, the terms of the agreement, and the interests of the employees. The commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it had been made in good faith. The commission concluded that the agreement was appropriate for approval as it met the statutory requirements and was in the best interests of the employees. The commission also found that the bargaining process was fair and that the agreement was a simplified and short enterprise agreement.

The Fair Work Commission approved the Degree C Pty Ltd Enterprise Agreement 2018 [Electrical, Refrigeration & Mechanical Services Divisions]. The commission's decision was based on the conclusion that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the requirements of the Fair Work Act. The commission determined that the agreement was in the best interests of the employees and that it had been made in good faith. The commission's approval of the agreement means that it will now be legally binding on the parties and will govern the employment relationship between Degree C Pty Ltd and its employees in the specified divisions.

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