DECISION

Fair Work Act 2009
s.185—Enterprise agreement

F.I.P. Electrical (NSW) Pty Ltd
(AG2020/893)

FIP ELECTRICAL PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 8 APRIL 2020

Application for approval of the FIP Electrical Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the FIP Electrical Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by F.I.P. Electrical (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the F.I.P. Electrical Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020, the Fair Work Commission was called upon to determine whether the proposed enterprise agreement should be certified and registered as a lawful agreement. The applicant, F.I.P. Electrical (NSW) Pty Ltd, sought the approval of the agreement with the Electrical Trades Union of Australia (ETU), which would cover the employees of the company. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it met the minimum standards of the National Employment Standards. Furthermore, the Commission had to consider if the agreement was genuinely negotiated and if it was in the best interests of the employees involved. The Fair Work Commission assessed the agreement against the relevant criteria to determine if it was appropriate for registration.

The Fair Work Commission found that the F.I.P. Electrical Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 met the statutory requirements and was genuinely negotiated between the parties. The Commission also concluded that the agreement contained terms and conditions that met or exceeded the minimum standards of the National Employment Standards. Additionally, the Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. Consequently, the Commission approved the agreement and ordered that it be registered as a lawful agreement under the Fair Work Act 2009.

The Fair Work Commission issued an order approving the F.I.P. Electrical Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 and directing its registration. The agreement was to be registered with the Fair Work Ombudsman and would come into effect on the date of registration. The order also mandated that the agreement would apply to all employees of F.I.P. Electrical (NSW) Pty Ltd who were covered by the agreement. The Commission's decision provided certainty and stability to the parties involved and ensured that the employees would benefit from fair and reasonable employment terms.

F.I.P. Electrical (NSW) 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