DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDSA Group Pty Ltd
(AG2017/2204)

EDSA GROUP PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 JULY 2017

Application for approval of the EDSA Group Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the EDSA Group Pty Ltd 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 EDSA Group 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. The nominal expiry date of the Agreement is 3 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, EDSA Group Pty Ltd, an employer, applied for approval of an enterprise agreement with their employees. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the proposed agreement, which had been negotiated between the employer and the employees' representatives. The Fair Work Commission was required to decide whether the proposed agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith.

The primary legal issue for the Commission to consider was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions of employment, whether it had been made in good faith, and whether it complied with the "better off overall test" (BOOT). The Commission also needed to consider whether any provisions of the agreement were contrary to the National Employment Standards or any applicable award.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission also found that the agreement complied with the BOOT, and that it did not contain any provisions that were contrary to the National Employment Standards or any applicable award. The Commission approved the proposed agreement, and it came into effect on 1 May 2017.

No further orders were made by the Commission. The employer and employees' representatives were directed to take all necessary steps to give effect to the approved agreement. The Commission's decision provides guidance on the criteria that must be met for an enterprise agreement to be approved, and highlights the importance of ensuring that agreements are made in good faith and provide for fair and reasonable terms and conditions of employment.

EDSA Group 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