DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electcon Pty Ltd
(AG2017/1771)

ELECTCON PTY LTD ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 JUNE 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Electcon 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 Electcon 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 8 June 2017 and, in accordance with s.54, will operate from 15 June 2017. The nominal expiry date of the Agreement is 8 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Electcon Pty Ltd was before the Fair Work Commission, where the matter was an application for the approval of an enterprise agreement. The applicant, Electcon Pty Ltd, sought approval for the agreement, which was to cover the period from 2017 to 2021. The nature of the dispute involved the terms and conditions of employment for the employees covered by the agreement.

The legal issues that the Commission was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions for minimum rates of pay, maximum hours of work, and other employment conditions. The Commission also needed to determine whether the agreement was fairly negotiated and whether it met the "better off overall test" (BOOT) for the employees.

The Commission found that the agreement met the requirements of the Act and was fairly negotiated. The agreement provided for minimum rates of pay that were consistent with the relevant award and provided for reasonable maximum hours of work. The Commission was satisfied that the agreement met the BOOT for the employees, as it provided for improved conditions of employment, including increased rates of pay and better access to leave entitlements. The Commission approved the agreement, and it came into effect on the date of the decision.

The Fair Work Commission approved the Electcon Pty Ltd Enterprise Agreement 2017-2021, finding that it met the requirements of the Fair Work Act 2009 and was fairly negotiated. The agreement provided for minimum rates of pay, maximum hours of work, and other employment conditions that were consistent with the relevant award. The Commission was satisfied that the agreement met the "better off overall test" for the employees and approved the agreement, which came into effect on the date of the decision.

Electcon 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