DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exquisite Electrical Technology Solutions Pty Ltd
(AG2019/691)

EXQUISITE ELECTRICAL TECHNOLOGY SOLUTIONS PTY LTD; ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 APRIL 2019

Application for approval of the Exquisite Electrical Technology Solutions Pty Ltd; Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Exquisite Electrical Technology Solutions Pty Ltd; Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exquisite Electrical Technology Solutions 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 was approved on 5 April 2019 and, in accordance with s.54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Exquisite Electrical Technology Solutions Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement, which covered a period of 2018-2022. The dispute arose as the relevant union, the Electrical Trades Union, questioned certain aspects of the agreement, arguing that it did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a ‘good faith’ bargain, whether it contained terms that were contrary to the public interest, and whether it was in compliance with the provisions of the Fair Work Act. The union argued that the agreement did not meet the 'better off overall test' and contained terms that were detrimental to the employees.

The Fair Work Commission, in reviewing the agreement, found that the agreement was a product of good faith bargaining and met the 'better off overall test'. The Commission also found that the agreement was not contrary to the public interest and contained terms that were fair and reasonable. The union's contention that certain terms were detrimental to employees was rejected, as the Commission found that the agreement provided for adequate protections for employees. The Commission ultimately approved the enterprise agreement, finding that it met all the necessary legal requirements.

The Fair Work Commission approved the Exquisite Electrical Technology Solutions Pty Ltd Enterprise Agreement 2018-2022, finding it to be a genuine product of good faith bargaining and in compliance with the Fair Work Act. The union's objections were dismissed, and the agreement was approved as meeting the 'better off overall test' and not being contrary to the public interest. The employees of Exquisite Electrical Technology Solutions Pty Ltd will now be governed by the terms of this enterprise agreement for the specified period.

Exquisite Electrical Technology Solutions 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