DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electromaster Holdings (NSW) Pty Ltd
(AG2015/5442)

ELECTROMASTER HOLDINGS (NSW) PTY LTD ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for approval of the Electromaster Holdings (NSW) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Electromaster Holdings (NSW) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electromaster Holdings (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

[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. 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.

[3] The Agreement was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is 14 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electromaster Holdings (NSW) Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2015. The agreement, negotiated with the Electrical Trades Union of Australia, sought to regulate employment terms and conditions for employees of Electromaster. The dispute arose from the union's contention that the agreement did not adequately address several provisions, including those related to pay rates and conditions for certain employee groups. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the fair and reasonable terms of employment as required by section 233 of the Fair Work Act. The Commission examined whether the agreement contained the prescribed minimum terms and conditions, and if it was free from any terms that were contrary to public policy or contravened any other provision of the Fair Work Act. A particular focus was on whether the agreement adequately addressed the pay rates and conditions for employees, including those in specific roles or classifications.

The Commission found that the agreement contained the prescribed minimum terms and conditions and was free from any terms that were contrary to public policy. The agreement included provisions for pay rates and conditions for various employee classifications, although some minor adjustments were recommended. The Commission concluded that while the agreement was not perfect, it was fair and reasonable overall. The Commission approved the agreement with some minor modifications to ensure compliance with the statutory requirements. The final orders included the approval of the Enterprise Agreement 2015 with the recommended adjustments.

Electromaster Holdings (NSW) 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