DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical Design & Construct Pty Ltd
(AG2017/2726)

ELECTRICAL DESIGN & CONSTRUCT PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2017-2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 2 OCTOBER 2017

Application for approval of the Electrical Design & Construct Pty Ltd Construction Enterprise Agreement 2017-2020.

[1] On 6 July 2017 Electrical Design & Construct Pty Ltd (Applicant) made an application for approval of the Electrical Design & Construct Pty Ltd Construction Enterprise Agreement 2017-2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Electrical Design & Construct Pty Ltd applied for approval of the Electrical Design & Construct Pty Ltd Construction Enterprise Agreement 2017-2020. The applicants sought to have the agreement approved as a modern award to apply to their employees. The nature of the dispute involved whether the agreement contained all the mandated terms and conditions, was free from prohibited content, and satisfied the "better off overall test" required under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, whether it contained any prohibited content, and whether the agreement satisfied the "better off overall test". The Commission considered whether the agreement appropriately dealt with all required topics, including wages, hours of work, leave provisions, and other employment terms. Additionally, the Commission examined whether the agreement included any provisions that were inconsistent with or in addition to the Fair Work Act or a modern award.

The Commission found that the agreement contained all mandated terms and conditions and did not include any prohibited content. The Commission concluded that the agreement was free from any impermissible terms and was compliant with the Fair Work Act. Furthermore, the Commission determined that the agreement satisfied the "better off overall test" as it provided employees with terms and conditions that were at least as favourable as those provided by the relevant modern award. Consequently, the Commission approved the agreement as a modern award.

The Fair Work Commission approved the Electrical Design & Construct Pty Ltd Construction Enterprise Agreement 2017-2020 as a modern award, effective from the date of the Commission's decision. This approval means that the agreement will apply to the employees covered by the agreement, and it will replace the relevant modern award for those employees. The approval ensures that the employees will receive the terms and conditions set out in the agreement, which the Commission found to be at least as favourable as those provided by the modern award.

Electrical Design & Construct 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