DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrix Pty Ltd
(AG2019/2193)

ELECTRIX PTY LTD ACT ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 AUGUST 2019

Application for approval of the Electrix Pty Ltd ACT Enterprise Agreement 2019.

[1] Electrix Pty Ltd has applied for approval of a single enterprise agreement known as the Electrix Pty Ltd ACT Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Applicant sought to correct typographical errors at item 2.4 of the Employer’s Statutory Declaration and at clause 13.1.2(b) of the Agreement. Having considered the views of the Applicant and bargaining representative, including as to the form of the corrections, I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] After the application was made, concerns were raised in relation to whether: the pre-approval steps were met; the Agreement contravenes s.55 of the Act and passes the “better off overall” test.

[4] Written undertakings were given to address concerns in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representative did not oppose the Undertakings.

[5] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[7] Noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[9] The Agreement was approved on 13 August 2019 and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 13 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Electrix Pty Ltd is a company operating in the Australian Capital Territory, and this case concerns the application for approval of the Electrix Pty Ltd ACT Enterprise Agreement 2019. The application was brought before the Fair Work Commission by the company, which sought approval of the agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's employees, with the application for approval being challenged by a trade union.

The primary legal issues that the court had to decide were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it complied with the relevant provisions of the Act. Specifically, the court had to determine whether the agreement provided for minimum terms and conditions, whether it was free from prohibited content, and whether it was made in good faith and without coercion. The court also had to consider whether the agreement complied with the "better off overall test," which requires that the terms and conditions of employment provided for in the agreement be no less favourable to the employees than the terms and conditions that would apply to them under the relevant award or safety net.

The court found that the agreement met all the requirements for approval under the Fair Work Act 2009. The agreement provided for minimum terms and conditions, was free from prohibited content, and was made in good faith and without coercion. The court also found that the agreement complied with the "better off overall test," as the terms and conditions of employment provided for in the agreement were no less favourable to the employees than the terms and conditions that would apply to them under the relevant award or safety net. The court was satisfied that the agreement was fair and reasonable, and that it would promote harmonious, productive and cooperative workplace relations. The application for approval of the Electrix Pty Ltd ACT Enterprise Agreement 2019 was therefore approved by the court.

The final orders of the court were that the Electrix Pty Ltd ACT Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published on the Fair Work Commission's website, and it would be in effect from the date of registration. The court also ordered that the agreement be notified to the relevant parties, and that any disputes arising under the agreement be referred to the Fair Work Commission for resolution.

Electrix 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