DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ETA Electrical Pty Ltd T/A Smarter Energy Solutions
(AG2015/7619)

ETA ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2016

Application for approval of the ETA Electrical Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ETA Electrical 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 ETA Electrical Pty Ltd T/A Smarter Energy Solutions. 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 21 January 2016. The nominal expiry date of the Agreement is 13 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, ETA Electrical Pty Ltd, trading as Smarter Energy Solutions, sought approval of their 2015 Enterprise Agreement. The applicants were represented by Mr J Smith, and the respondents, including the Electrical Trades Union of Australia, were represented by Mr A Jones. The nature of the dispute was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for proper minimum terms and conditions, ensured procedural fairness in its creation, and complied with specific provisions of the Fair Work Act. The Commission examined the process by which the agreement was negotiated and whether it was made in good faith. The applicants argued that the agreement was fairly negotiated and that all procedural requirements were met. The respondents raised concerns about the consultation process and whether all employees had a reasonable opportunity to be involved in the negotiations.

The Fair Work Commission considered the evidence presented by both parties regarding the negotiation process, the terms of the agreement, and compliance with the statutory requirements. The Commission assessed whether the agreement was made in good faith and whether it provided for fair minimum terms and conditions. The Commission noted the evidence of the extensive consultation process undertaken by the applicants and the involvement of employee representatives. The Commission also examined the specific provisions of the agreement and compared them against the Fair Work Act's requirements. Ultimately, the Commission found that the agreement was fairly negotiated, met the statutory requirements for approval, and provided for fair minimum terms and conditions. The Commission approved the ETA Electrical Pty Ltd Enterprise Agreement 2015.

ETA Electrical Pty Ltd T/A Smarter Energy Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established