Electrical Completions Australia Pty Ltd Summary

[2016] FWCA 917

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Electrical Completions Australia Pty Ltd T/A Elcomp
(AG2016/223)
ELECTRICAL COMPLETIONS AUSTRALIA PTY LTD
WHEATSTONE PROJECT AGREEMENT 2016
Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the Electrical Completions Australia Pty Ltd Wheatstone Project

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Electrical Completions Australia Pty Ltd Wheatstone Project Agreement 2016 (Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been

made by Electrical Completions Australia Pty Ltd T/A Elcomp. The Agreement is a

greenfields agreement.

[2] 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 and 187 of the Act, as are

relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.

[5] Based on statutory declaration provided by the organisation, I am satisfied that The

Australian Workers’ Union, the employee organisation to be covered by the agreement, is

entitled to represent the industrial interests of a majority of employees who will be covered by

the Agreement in relation to work that is to be performed under it. I am also satisfied that it is

in the public interest to approve the Agreement.
[2016] FWCA 917

[6] The Agreement was approved on 11 February 2016 and, in accordance with s.54, will

operate from 18 February 2016. The nominal expiry date of the Agreement is 1 September

2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrical Completions Australia Pty Ltd, trading as Elcomp, applied to the Fair Work Commission for the approval of an enterprise agreement, the Electrical Completions Australia Pty Ltd Wheatstone Project Agreement 2016. The Deputy President, Gostencnik, considered the application, which was made under section 185 of the Fair Work Act 2009. The agreement in question was a greenfield agreement, meaning it was being made for a new project. The court had to determine whether the application met the requirements of sections 186 and 187 of the Fair Work Act, whether the model consultation term and the model flexibility term prescribed by the Fair Work Regulations 2009 were incorporated, and whether the Australian Workers' Union was entitled to represent the industrial interests of a majority of the employees to be covered by the agreement. The Deputy President also needed to consider whether approving the agreement was in the public interest.

The Deputy President found that the application met all the relevant requirements of sections 186 and 187 of the Fair Work Act. The model consultation term and the model flexibility term prescribed by the Fair Work Regulations 2009 were incorporated into the agreement. The Australian Workers' Union was found to be entitled to represent the industrial interests of a majority of the employees to be covered by the agreement. The Deputy President was satisfied that it was in the public interest to approve the agreement. Consequently, the Deputy President approved the agreement, which will operate from 18 February 2016, with a nominal expiry date of 1 September 2018.

Electrical Completions Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established