DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical Suppliers (NSW) Pty Ltd T/A Electrical Suppliers
(AG2017/6224)

ELECTRICAL SUPPLIERS (NSW) PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 APRIL 2018

Application for approval of the Electrical Suppliers (NSW) Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Electrical Suppliers (NSW) Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrical Suppliers (NSW) Pty Ltd T/A Electrical Suppliers. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 12 April 2018 and, in accordance with s.54, will operate from 19 April 2018. The nominal expiry date of the Agreement is 12 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Electrical Suppliers (NSW) Pty Ltd T/A Electrical Suppliers applied for the approval of its Single Enterprise Agreement 2017. The application was heard by the Fair Work Commission. The dispute centred on the terms and conditions of employment under the proposed agreement, specifically concerning issues raised by the Australian Manufacturing Workers’ Union, who represented some of the employees.

The legal issues before the Commission were whether the proposed agreement met the requirements of section 234 of the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment and whether it was made in good faith and without coercion. The Commission also needed to consider whether the agreement provided for a fair and efficient workplace.

The Commission found that the agreement met the requirements of the Act. It was satisfied that the proposed agreement provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement was made in good faith and without coercion, and that it provided for an efficient workplace. The Commission approved the agreement, stating that it was in the best interests of the employees and the employer.

No further orders were made by the Commission. The approval of the agreement means that it will now become a legally binding contract between the employer and the employees covered by the agreement.

Electrical Suppliers (NSW) Pty Ltd T/A Electrical Suppliers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established