DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Design and Build Electrical Pty Ltd as the trustee for P &S Electrical Unit Trust T/A Design and Build Electrical
(AG2021/6773)

DESIGN AND BUILD ELECTRICAL ENTERPRISE AGREEMENT 2021-2025

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 AUGUST 2021

Application for approval of the Design and Build Electrical Enterprise Agreement 2021-2025.

[1] Design and Build Electrical Pty Ltd as the trustee for P &S Electrical Unit Trust T/A Design and Build Electrical (the Applicant) has made an application for approval of an enterprise agreement known as the Design and Build Electrical Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 25 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

Design and Build Electrical Pty Ltd, acting as the trustee for P &S Electrical Unit Trust, applied to the Fair Work Commission for approval of the Design and Build Electrical Enterprise Agreement 2021-2025. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees within the enterprise. The Commission was required to determine whether the agreement met the legal requirements for registration and approval.

The key legal issues centred on whether the agreement provided for the fair remuneration and conditions of employment for the employees, whether it complied with the provisions of the Fair Work Act, and whether it had been genuinely negotiated between the employer and the relevant employee representatives. The Commission also had to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it was in the best interests of the employees.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The agreement provided for fair remuneration and conditions of employment, and it complied with the statutory provisions of the Fair Work Act. The Commission determined that the agreement had been genuinely negotiated between the employer and the employee representatives, and it contained adequate dispute resolution mechanisms. The Commission concluded that the agreement was in the best interests of the employees, and it approved the application for registration of the Design and Build Electrical Enterprise Agreement 2021-2025.

The Fair Work Commission approved the application for registration of the Design and Build Electrical Enterprise Agreement 2021-2025. The agreement is now registered and will apply to the employees covered by it, providing a framework for their employment terms and conditions until the end of the agreement period.

Design and Build Electrical Pty Ltd as the trustee for P &S Electrical Unit Trust T/A Design and Build Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established