DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Everett Smith & Co Pty Ltd
(AG2021/4686)

EVERITT-SMITH & CO PTY LTD ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 5 MAY 2021

Application for approval of the Everett-Smith & Co Pty Ltd Enterprise Agreement 2021.

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

[2] The Employer 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. The undertakings are taken to be a term of 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 Electrical Trades Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the date of this Approval. The nominal expiry date of the Agreement is 12 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Everett Smith & Co Pty Ltd sought approval of their Enterprise Agreement 2021 from the Fair Work Commission. The application was made by the company, and the dispute involved the interpretation and approval of certain provisions within the agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether certain provisions of the agreement were consistent with the provisions of the Fair Work Act, particularly concerning the incorporation of external standards and the procedural fairness in the negotiation process. The company argued that the agreement was fairly negotiated and compliant with the Act, while some employees claimed that certain provisions did not meet the statutory requirements for procedural fairness and the incorporation of external standards.

The Commission examined the negotiation process and the content of the agreement. It found that while there were procedural issues in the negotiation process, these did not significantly affect the overall fairness of the agreement. The Commission concluded that the agreement, as a whole, was fairly negotiated and complied with the relevant statutory requirements. Therefore, the Commission approved the Everett Smith & Co Pty Ltd Enterprise Agreement 2021. The company was granted the approval it sought, and the employees' claims were dismissed.

Everett Smith & Co 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