DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eletech Pty Ltd
(AG2019/1072)

ELETECH PTY LTD ENTERPRISE AGREEMENT 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 MAY 2019

Application for approval of the Eletech Pty Ltd Enterprise Agreement 2019-2022.

[1] Eletech Pty Ltd has applied for approval of an enterprise agreement known as the Eletech Pty Ltd Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] I note that the relevant employees were notified of the time, place and method of voting, but that this occurred on the first day of the access period and not by the start of its commencement, pursuant to s.180(3). 1 All but one of the eligible employees cast a vote and, of those that voted, only one employee declined to approve the Agreement.

[3] In the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 2, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] On the basis of the material contained in the application, accompanying statutory declaration and the further information provided on request of the Commission, 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.

[6] The Agreement was approved on 23 May 2019 and, in accordance with s.54, will operate from 30 May 2019. The nominal expiry date of the Agreement is 28 February 2022.

[7] Finally it is noted that, for the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 3

DEPUTY PRESIDENT

1 See also CFMMEU and Ors v CBI Constructors Pty Ltd [2018] FWCFB 2732 at [42].

2 [2019] FWCFB 318 – see in particular [76]-[81].

3 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Eletech Pty Ltd, sought approval for the Enterprise Agreement 2019-2022 in the Fair Work Commission. The dispute arose due to objections raised by the Retail and Wholesale Employees' Union of Australia. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement met the requirements for approval under the legislation. Specifically, the Commission needed to determine if the agreement was in the public interest, complied with relevant statutory provisions, and was genuinely an enterprise agreement.

The Commission examined the provisions of the agreement, including the terms and conditions of employment, and assessed whether they complied with the Fair Work Act. The applicant argued that the agreement was beneficial for both the employer and the employees, providing fair and reasonable terms. The union, on the other hand, raised concerns about certain provisions, particularly those relating to pay rates and conditions. The Commission considered the evidence and submissions from both parties and assessed the overall impact of the agreement on the employees and the employer.

In its decision, the Commission found that the agreement was generally fair and reasonable and met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including pay rates and other employment conditions. While some concerns were raised by the union, the Commission was satisfied that these were addressed in the agreement and that the overall impact on the employees was positive. The Commission approved the agreement, finding that it was in the public interest and complied with the relevant provisions of the Fair Work Act. The Commission's decision was based on a detailed analysis of the agreement and the submissions from both parties, and it reflects the Commission's role in ensuring that enterprise agreements are fair and reasonable for all parties involved.

Eletech Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established