DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrix Pty Ltd
(AG2015/4588)

ELECTRIX PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the Electrix Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Electrix Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrix Pty Ltd. The agreement is a single enterprise 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, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 August 2015 and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrix Pty Ltd was the subject of an application for approval of the Electrical Supply Industry Queensland Enterprise Agreement 2015-2018. The applicant, Electrix Pty Ltd, sought approval from the Fair Work Commission. The dispute was between Electrix Pty Ltd and its employees, represented by the Electrical Trades Union of Australia Queensland. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement provided for the "proper determination of terms and conditions" as required by section 230 of the Fair Work Act. This involved assessing whether the agreement contained terms that were procedurally and substantively sound. The Commission needed to consider whether the agreement was genuinely negotiated, whether it complied with minimum standards, and whether it was in the best interests of the employees.

The Commission found that the agreement was genuinely negotiated between the parties, contained terms that were procedurally and substantively fair, and complied with minimum standards. It was concluded that the agreement was in the best interests of the employees, as it provided for appropriate protections and benefits. The Commission approved the agreement, noting that it met all the statutory criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2015-2018, effective from the date of the decision. The approval ensured that the agreement would govern the employment conditions of the employees of Electrix Pty Ltd for the specified period.

Electrix Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established