DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Electrical Data Projects Pty Ltd
(AG2015/3558)

ELECTRICAL DATA PROJECTS PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 JUNE 2015

Application for approval of the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 3 July 2015. The nominal expiry date of the Agreement is 3 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Electrical Data Projects Pty Ltd was before the Fair Work Commission in an application for the approval of the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2015. The dispute centred on the proposed terms and conditions of employment outlined in the agreement, which the applicant employer sought to implement for its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards 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 a safety net of minimum wages and conditions, whether it contained appropriate mechanisms for resolving disputes, and whether it complied with the relevant provisions of the Fair Work Act 2009. Furthermore, the Commission had to consider whether the agreement allowed for fair and reasonable terms and conditions of employment, taking into account the nature of the business and the interests of both the employer and the employees.

In examining the agreement, the Commission found that it provided for a safety net of minimum wages and conditions in line with the Fair Work Act. It was also satisfied that the agreement contained appropriate mechanisms for resolving disputes, including provisions for conciliation and arbitration. The Commission considered the submissions from both the applicant employer and the employees' representatives, and after careful analysis, determined that the agreement was fair and reasonable in all its terms. The Commission approved the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2015, as it met the necessary legal standards and provided for fair and reasonable terms and conditions of employment.

The final orders of the Commission included the approval of the Electrical Data Projects Pty Ltd Single Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the employer was required to take all necessary steps to ensure its implementation. The employees covered by the agreement were to be provided with a copy, and the employer was to maintain a register of employees and the agreement for a period of five years.

Electrical Data Projects Pty Ltd

DECISION

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established