DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delgo Pty Ltd T/A Westwide Electrical Services
(AG2017/6498)

WESTWIDE ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 31 MAY 2018

Application for approval of the Westwide Electrical Services Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Westwide Electrical Services 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 Delgo Pty Ltd T/A Westwide Electrical Services. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 31 May 2018 and, in accordance with s.54, will operate from 7 June 2018. The nominal expiry date of the Agreement is 31 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Delgo Pty Ltd, trading as Westwide Electrical Services, applied to the Fair Work Commission for approval of the Westwide Electrical Services Enterprise Agreement 2017-2021. The applicants and respondents were Delgo Pty Ltd and various unions representing the employees. The primary issue was whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for a fair and equitable resolution of employees' conditions of employment.

The court examined whether the agreement provided for a fair and equitable resolution of employees' conditions of employment, whether it met the minimum entitlements outlined in the Fair Work Act 2009, and whether it complied with the procedural requirements for enterprise agreements. The court also considered the submissions from both parties and any relevant precedents. It found that the agreement provided for a fair and equitable resolution of employees' conditions of employment, met the minimum entitlements outlined in the Fair Work Act 2009, and complied with the procedural requirements for enterprise agreements. Therefore, the court approved the agreement.

The court approved the Westwide Electrical Services Enterprise Agreement 2017-2021. The agreement was deemed to be a lawful and valid enterprise agreement under the Fair Work Act 2009. The approval was subject to the agreement being registered with the Fair Work Commission.

Delgo Pty Ltd T/A Westwide Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established