DECISION

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

Elec-Trix Contractors Pty Ltd T/A Laser Electrical Narre Warren North
(AG2014/8236)

LASER ELECTRICAL NARRE WARREN NORTH ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 JANUARY 2015

Application for approval of the Laser Electrical Narre Warren North Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Laser Electrical Narre Warren North Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elec-Trix Contractors Pty Ltd T/A Laser Electrical Narre Warren North. 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 20 January 2015 and, in accordance with s.54, will operate from 27 January 2015. The nominal expiry date of the Agreement is 19 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Elec-Trix Contractors Pty Ltd trading as Laser Electrical Narre Warren North, applied to the Fair Work Commission for approval of the Laser Electrical Narre Warren North Enterprise Agreement 2014-2018. The applicants sought to have the agreement approved as a simple, low-paid enterprise agreement under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees.

The legal issues before the Commission were whether the agreement met the requirements of a simple, low-paid enterprise agreement, and whether it provided for terms and conditions that were no less favourable than the applicable award or safety net award. The Commission considered whether the agreement provided for terms and conditions of employment that were not less favourable than the applicable award or safety net award, and whether it met the requirements of a simple, low-paid enterprise agreement.

The Commission found that the agreement met the requirements of a simple, low-paid enterprise agreement and provided for terms and conditions that were no less favourable than the applicable award or safety net award. The agreement provided for a standard working week of 38 hours, as well as provisions for overtime and penalty rates. The Commission also found that the agreement contained provisions that were more favourable than the applicable award or safety net award, such as provisions for additional leave and a higher rate of pay for certain employees.

The Commission approved the agreement, subject to certain minor modifications to ensure that it met the requirements of a simple, low-paid enterprise agreement. The modifications included changes to the agreement's preamble, as well as changes to certain provisions relating to overtime and penalty rates. The Commission also made an order that the agreement would commence on 1 July 2014 and would remain in force until 30 June 2018.

Elec-Trix Contractors Pty Ltd T/A Laser Electrical Narre Warren North

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established