DECISION

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

EPG Electrical Plumbing Group Pty Ltd
(AG2019/5070)

EPG ELECTRICAL PLUMBING GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 19 FEBRUARY 2020

Application for approval of the EPG Electrical Plumbing Group Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by EPG Electrical Plumbing Group Pty Ltd (the Applicant) for approval of the Electrical Plumbing Group Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 30 January 2020, raising concerns in relation to the Agreement.

[3] The Applicant filed undertakings addressing the concerns raised, on 31 January 2020.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe that clause 7.3 – Personal Leave is likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 5.5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the matters raised at paragraphs [2]-[5], I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 18 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The applicant, EPG Electrical Plumbing Group Pty Ltd, sought approval of a Single Enterprise Agreement 2020 from the Fair Work Commission. The agreement proposed various terms and conditions for the employees of the company, including wages, hours of work, and other employment-related matters. The applicant's request was made under the Fair Work Act 2009, which governs workplace relations and industrial relations in Australia.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement complied with the provisions regarding the "better off overall test" (BOOT), which ensures that employees are not worse off financially under the new agreement compared to their existing conditions. Additionally, the Commission considered whether the agreement met the criteria for "direct" and "indirect" authorisation, which are necessary for the agreement to be approved and binding on the parties.

In assessing the agreement, the Fair Work Commission examined the evidence and submissions from both the applicant and the employees' representatives. The Commission found that the proposed agreement did indeed meet the BOOT, as employees would be better off overall in terms of financial benefits and other working conditions. Furthermore, the agreement satisfied the requirements for direct and indirect authorisation, as the majority of eligible employees had voted in favour of the agreement. Consequently, the Commission approved the application and certified the Single Enterprise Agreement 2020 as meeting the necessary legal requirements under the Fair Work Act.

As a result of the Fair Work Commission's decision, the Single Enterprise Agreement 2020 was approved and will now govern the terms and conditions of employment for the employees of EPG Electrical Plumbing Group Pty Ltd. This outcome ensures that the agreement is legally binding and provides a framework for the ongoing relationship between the company and its employees.

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