DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical Group Training Limited
(AG2015/3419)

ELECTRICAL GROUP TRAINING LIMITED WHEATSTONE PROJECT AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 AUGUST 2015

Application for approval of the Electrical Group Training Limited Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Electrical Group Training Limited Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Electrical Group Training Limited. 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.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.

[4] 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.

[5] The Agreement was approved on 3 August 2015 and, in accordance with s.54, will operate from 10 August 2015. 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 Group Training Limited, as the applicant, sought approval of the Electrical Group Training Limited Wheatstone Project Agreement 2015 in the Fair Work Commission. The agreement, which was to be registered as a registered organisation agreement under the Fair Work Act 2009, proposed various terms and conditions for the employees of the applicant company. The opposition to the application was lodged by the Electrical Trades Union of Australia, which raised concerns regarding the fairness and adequacy of the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement was fair and appropriate for the employees it was intended to cover. The Commission needed to assess the agreement against the criteria set out in section 233 of the Fair Work Act 2009, which includes considerations of the agreement's impact on employees' wages, conditions, and entitlements. Additionally, the Commission had to determine whether the agreement was negotiated in good faith and whether it provided for adequate dispute resolution mechanisms.

The Commission found that the proposed agreement was fair and appropriate for the employees it was intended to cover. The applicant had demonstrated that the agreement was the product of genuine and meaningful negotiations between the parties. Furthermore, the Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wages, leave provisions, and dispute resolution mechanisms. The Commission noted that the agreement included provisions for the protection of vulnerable employees, such as those on casual or part-time contracts. Based on these findings, the Commission approved the registration of the agreement.

In approving the registration of the Electrical Group Training Limited Wheatstone Project Agreement 2015, the Commission made an order that the agreement be registered as a registered organisation agreement under the Fair Work Act 2009. The agreement will now be applicable to the employees it was intended to cover, providing them with a framework for their employment terms and conditions.

Electrical Group Training Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established