DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ECA Training Pty Limited T/A NECA Group Training
(AG2015/5507)

NECA GROUP TRAINING EMPLOYEE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 OCTOBER 2015

Application for approval of the NECA Group Training Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NECA Group Training Employee Enterprise Agreement 2015 (the Agreement). The application was made 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 8 October 2015. The nominal expiry date of the Agreement is 8 October 2019.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the NECA Group Training Employee Enterprise Agreement 2015, between the employer, ECA Training Pty Limited trading as NECA Group Training, and the union, United Voice. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. Specifically, the union raised concerns about the agreement's provisions on pay rates, working conditions, and employee protections. The union argued that the agreement did not adequately protect employees and did not provide for minimum entitlements as required by law.

The court needed to determine if the agreement complied with the Fair Work Act and the applicable industrial instruments. This involved assessing whether the agreement provided for the minimum pay rates and conditions as stipulated in the relevant awards and whether it met the statutory requirements for enterprise agreements. The court also needed to consider whether the agreement allowed for the fair and efficient resolution of workplace disputes and if it adequately protected employees’ rights and interests.

After considering the submissions from both parties and reviewing the relevant legal frameworks, the court found that the NECA Group Training Employee Enterprise Agreement 2015 was in compliance with the Fair Work Act. The agreement provided for the minimum pay rates and conditions, and it included provisions for the fair and efficient resolution of workplace disputes. The court was satisfied that the agreement met the statutory requirements for approval and adequately protected the rights and interests of the employees. Consequently, the court approved the agreement, which will now govern the employment conditions of the employees covered by the agreement.

ECA Training Pty Limited T/A NECA Group Training

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established