DECISION

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

EPG Electrical Plumbing Group Pty Ltd
(AG2015/2566)

EPG ELECTRICAL PLUMBING GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2011

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 AUGUST 2015

Application for approval of the EPG Electrical Plumbing Group Pty Ltd Single Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the EPG Electrical Plumbing Group Pty Ltd Single Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EPG Electrical Plumbing Group Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided signed 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompany statutory declaration, 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.

[5] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date of the Agreement is 23 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves EPG Electrical Plumbing Group Pty Ltd and concerns an application for the approval of their Single Enterprise Agreement 2011. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a fair and efficient method of determining employees' terms and conditions of employment and if it was consistent with the safety net provided by the National Employment Standards and other applicable awards and agreements.

In its reasoning, the Commission examined the provisions of the proposed agreement, considering its alignment with the statutory requirements. It assessed whether the agreement adequately addressed the rights and obligations of both employers and employees, ensuring that it did not undermine the safety net provided by the Fair Work Act. The court also evaluated the process by which the agreement was made, ensuring that it was negotiated in good faith and that there was genuine consultation between the parties involved. The outcome hinged on the agreement's compliance with these statutory mandates.

The Fair Work Commission approved the application for the Single Enterprise Agreement 2011, finding that the agreement met all necessary legal criteria. The Commission was satisfied that the agreement provided for a fair and efficient method of determining terms and conditions and was consistent with the broader industrial safety net. The decision affirmed that the agreement was made in good faith and followed a genuine process of negotiation and consultation. The final orders included the approval of the agreement, which would now serve as the basis for the terms and conditions of employment for the employees of EPG Electrical Plumbing Group Pty Ltd.

EPG Electrical Plumbing Group 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