DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eleclo Technology Pty Ltd
(AG2017/4047)

ELECLO TECHNOLOGY PTY LTD ENTERPRISE BARGAINING AGREEMENT 2017

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 18 DECEMBER 2017

Application for approval of the Eleclo Technology Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Eleclo Technology Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eleclo Technology 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 25 December 2017. The nominal expiry date of the Agreement is 17 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this matter were Eleclo Technology Pty Ltd and the Electrical Trades Union of Australia. The dispute was brought before the Fair Work Commission, Australia's independent statutory body responsible for the resolution of workplace relations disputes and the regulation of workplace relations laws. The case revolved around the application for approval of the Eleclo Technology Pty Ltd Enterprise Agreement 2017. This agreement sought to establish the terms and conditions of employment for the employees of Eleclo Technology Pty Ltd.

The legal issues that the Commission had to decide included whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith and without coercion. The Commission also needed to consider whether the agreement provided for the protection of employees' rights and interests, and whether it complied with the relevant provisions of the Act. Furthermore, the Commission had to determine whether the agreement was consistent with the national minimum standards and whether it complied with the provisions relating to the protection of employees' rights and interests.

In its decision, the Commission found that the Eleclo Technology Pty Ltd Enterprise Agreement 2017 was made in good faith and without coercion. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the national minimum standards. The Commission also found that the agreement provided for the protection of employees' rights and interests, and that it complied with the relevant provisions of the Act. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act 2009, and accordingly, approved the agreement.

The Fair Work Commission approved the Eleclo Technology Pty Ltd Enterprise Agreement 2017, finding that it met the requirements for approval under the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the national minimum standards. The Commission also found that the agreement provided for the protection of employees' rights and interests, and that it complied with the relevant provisions of the Act.

Eleclo Technology 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