DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical Data Projects Pty Ltd
(AG2018/3879)

ELECTRICAL DATA PROJECTS PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrical Data Projects Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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 16 October 2018. The nominal expiry date of the Agreement is 8 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Electrical Data Projects Pty Ltd was the subject of an application before the Fair Work Commission to approve the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2018. The dispute centred around whether the agreement complied with the relevant industrial laws and was fair and reasonable. The Commission was tasked with reviewing the application to determine if the agreement met the statutory requirements for approval and whether it was fair and reasonable in all its terms.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions, was free from prohibited content, and was procedurally valid. Additionally, the Commission had to consider if the agreement was fair and reasonable, taking into account factors such as the bargaining positions of the parties, the nature of the enterprise, and the economic circumstances at the time of negotiation.

The Commission found that the agreement was procedurally valid, met the statutory requirements, and contained no prohibited content. It was also determined that the agreement was fair and reasonable, given the evidence presented regarding the bargaining positions of the parties, the nature of the enterprise, and the economic circumstances at the time of negotiation. The Commission approved the agreement, finding it to be a genuine bargain and in compliance with all relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2018, recognising it as a genuine bargain that met all statutory requirements and was fair and reasonable in all its terms. This decision provided certainty to both the employer and employees, ensuring compliance with industrial laws and the protection of the parties' rights and obligations.

Electrical Data Projects 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