DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ezitron Pty Ltd T/A Acme Electrical Services
(AG2019/1912)

EZITRON PTY. LTD. T/A ACME ELECTRICAL SERVICES AND ETU ENTERPRISE AGREEMENT 2019 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 5 JULY 2019

Application for approval of the Ezitron Pty. Ltd. T/A Acme Electrical Services and ETU Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ezitron Pty. Ltd. T/A Acme Electrical Services and ETU Enterprise Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ezitron Pty Ltd T/A Acme Electrical Services. 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.

[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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.1 - Notice

However, noting clause 4 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ezitron Pty Ltd T/A Acme Electrical Services applied to the Fair Work Commission for approval of their enterprise agreement 2019-2021. The Electrical Trades Union, representing the employees, opposed the application on the basis that the agreement did not meet the "better off overall test" (BOOT). The application was heard by Deputy President Ryan.

The central issue before the Deputy President was whether the proposed agreement met the BOOT, a statutory requirement under the Fair Work Act. The BOOT requires that an enterprise agreement must provide employees with at least the same pay and conditions as they would receive under the applicable award or registered agreement, and it must not be less favourable to the employees overall. The Deputy President examined the terms of the agreement, particularly wage increases, conditions of employment, and other benefits, in light of these statutory requirements.

In reaching a decision, the Deputy President considered the economic context, the evidence provided by both parties, and the applicable legal standards. The Deputy President concluded that the agreement provided employees with improved wages and conditions compared to their previous award-based entitlements. The analysis included a detailed assessment of the financial implications for the employees and the overall fairness of the agreement. Ultimately, the Deputy President found that the agreement met the BOOT and approved the enterprise agreement.

The Fair Work Commission approved the Ezitron Pty Ltd T/A Acme Electrical Services and ETU Enterprise Agreement 2019-2021, finding it met the better off overall test. The agreement was registered, effective from the date of the decision.

Ezitron Pty Ltd T/A Acme Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established