DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elect Energy Pty Ltd
(AG2017/2006)

ELECT ENERGY PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 28 JUNE 2017

Application for approval of the Elect Energy Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Elect Energy 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 Elect Energy 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 28 June 2017 and, in accordance with s.54, will operate from 5 July 2017. The nominal expiry date of the Agreement is 28 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Elect Energy Pty Ltd applied to the Fair Work Commission for approval of the Elect Energy Pty Ltd Enterprise Agreement 2017. The respondents, including several unions and employees, opposed the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement was a lawful agreement and whether it complied with the requirements of the Act, including the good faith bargaining requirement, and the provisions concerning the protection of employees' rights and interests.

The Commission considered the evidence and submissions from both parties and found that the agreement was a lawful agreement that complied with the requirements of the Act. The Commission noted that the agreement had been negotiated in good faith and that it provided for the protection of employees' rights and interests. The Commission also found that the agreement did not adversely affect the employees' rights to be represented by a union of their choice or to bargain collectively through a union. The Commission concluded that the agreement met the requirements of the Act and approved the agreement.

The Fair Work Commission approved the Elect Energy Pty Ltd Enterprise Agreement 2017. The Commission found that the agreement was a lawful agreement that complied with the requirements of the Fair Work Act 2009, including the good faith bargaining requirement and the provisions concerning the protection of employees' rights and interests. The Commission also found that the agreement did not adversely affect the employees' rights to be represented by a union of their choice or to bargain collectively through a union. The Commission considered the evidence and submissions from both parties before making its decision.

Elect Energy 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