DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECS Services Pty Ltd
(AG2016/5602)

ECS SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the ECS Services Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ECS Services Pty Ltd Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ECS Services Pty Ltd. 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, 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 6 October 2016. The nominal expiry date of the Agreement is 28 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, ECS Services Pty Ltd sought approval of its Single Enterprise Agreement 2016. The company, an electrical services provider, had entered into an agreement with the Electrical Trades Union of Australia. The union represented the employees, who were engaged in various roles within the company. The dispute centered on whether the agreement complied with the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement provided for terms and conditions that were fair and reasonable, and if it complied with statutory minimum entitlements and obligations. The union argued that certain provisions did not sufficiently protect employees' rights and entitlements, while the company maintained that the agreement was fair and reasonable and complied with all legislative requirements. The Commission had to examine the terms of the agreement, assess compliance with statutory minimum standards, and determine if the agreement met the fairness and reasonableness test.

The Commission found that while most of the agreement's terms and conditions were fair and reasonable, several provisions did not adequately protect employees. Notably, the agreement's provisions on penalty rates and shift loadings were deemed insufficient. The Commission emphasised the importance of adequate protections for employees, particularly in industries with high levels of casual and part-time work. The Commission ordered specific amendments to ensure compliance with the statutory minimum entitlements and the fairness and reasonableness test. Following these amendments, the Commission approved the agreement.

The Fair Work Commission approved the Single Enterprise Agreement 2016, subject to the amendments made to ensure compliance with the Fair Work Act 2009. The approved agreement now includes provisions that better protect employees' rights and entitlements, particularly concerning penalty rates and shift loadings. This decision highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, in line with statutory minimum standards.

ECS Services 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