DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrix Pty Ltd
(AG2019/709)

ELECTRIX PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 28 MARCH 2019

Application for approval of the Electrix Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

[1] Application has been made for approval of a single enterprise agreement known as the Electrix Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electrix Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrix Pty Ltd is the applicant in this case, seeking approval of the Electrix Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018-2021. The dispute centres on the application for the Fair Work Commission's approval of the enterprise agreement, which was submitted to the Commission for consideration under the Fair Work Act 2009. The Commission's decision was delivered in a written judgment, reflecting its thorough evaluation of the application and its implications for the involved parties.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the procedural and substantive requirements of the Act, including the necessity of ensuring that the agreement was free from any unfair content and that the appropriate bargaining processes had been followed. This required the Commission to review the negotiation process, the terms of the agreement, and any objections raised by the parties involved.

The Commission, after a detailed examination of the evidence and submissions, found that the agreement substantially complied with the statutory requirements. The Commission addressed concerns regarding the negotiation process and the fairness of the agreement's terms. It concluded that the agreement was appropriately negotiated and did not contain any unfair provisions. The Commission approved the agreement, recognising the balance it struck between the interests of the employees and the employer. The decision was made in the context of the broader legislative framework designed to promote fair work practices.

The final orders of the Commission were to approve the Electrix Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018-2021, subject to certain conditions and modifications to address minor procedural irregularities. This decision ensures that the agreement will proceed with the necessary statutory endorsement, thereby providing a framework for the industrial relations between the parties for the specified period.

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