DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Elite Electrical Contracting Pty Ltd
(AG2017/3132)

ELITE ELECTRICAL CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 13 OCTOBER 2017

Application for approval of the Elite Electrical Contracting Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Elite Electrical Contracting Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elite Electrical Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 12 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Elite Electrical Contracting Pty Ltd sought approval for the Enterprise Agreement 2017-2021 from the Fair Work Commission. The application involved scrutiny of whether the agreement met the necessary legal standards and procedural requirements for approval under the Fair Work Act 2009. The company argued that the agreement was fair and reasonable, while the opposition from the Electrical Trades Union of Australia focused on several perceived deficiencies in the proposed terms and conditions.

The primary legal issues the Commission had to address were whether the agreement complied with the formal requirements set out in the Fair Work Act and whether it was a ‘good faith’ agreement. This involved examining if the agreement was negotiated in good faith, if it contained terms that were fair and reasonable, and if the process leading to the agreement's formation was transparent and appropriate. The Commission also needed to consider the impact of the agreement on employees and the broader industrial relations environment.

In its reasoning, the Fair Work Commission acknowledged the necessity of balancing the rights of employers and employees in approving enterprise agreements. The Commission found that the agreement largely met the legal requirements for approval, noting that while there were areas of contention raised by the union, these did not significantly detract from the overall fairness of the agreement. The Commission emphasised the importance of good faith negotiations and the need for transparency in the process. Ultimately, the Commission concluded that the benefits of the agreement to the employees outweighed the potential drawbacks, and approved the application.

The Commission's final order was to approve the Elite Electrical Contracting Enterprise Agreement 2017-2021, effective from the date of the decision. This approval was contingent upon the agreement being registered with the Fair Work Commission within the stipulated timeframe, ensuring that it became legally binding between the parties involved.

Elite Electrical Contracting 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