DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

F.I.P. Electrical Services (QLD) Pty Ltd
(AG2020/2679)

FIP ELECTRICAL SERVICES (QLD) PTY LTD ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 13 OCTOBER 2020

Application for approval of the FIP Electrical Services (QLD) Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by F.I.P. Electrical Services (QLD) Pty Ltd (the Applicant) for approval of the FIP Electrical Services (QLD) Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 24 September 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed undertakings addressing the concerns raised on 30 September 2020. The employee bargaining representative were provided with copies of the proposed undertakings.

[3] The matter was listed for eHearing at 10:30 am on 6 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2020. The nominal expiry date is 13 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by F.I.P. Electrical Services (QLD) Pty Ltd for the approval of the FIP Electrical Services (QLD) Pty Ltd Enterprise Agreement 2020-2024. The applicant, a registered electrical services provider, sought to have the proposed enterprise agreement, which was the product of negotiations with its employees, formally approved by the Commission. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009 and whether it complied with the relevant provisions governing enterprise agreements.

The key legal issues before the Commission included whether the agreement was a genuine bargain between the parties, whether it complied with the terms and conditions set out in the Act, and whether it met the requirement for the agreement to be in writing. Additionally, the Commission had to consider whether the agreement provided adequate protection for employees' rights and whether it was in the best interest of the employees and the business.

In assessing the application, the Commission considered the submissions and evidence from both the applicant and the employees' representatives. The Commission found that the agreement was a genuine outcome of negotiations between the parties, and that it complied with the legal requirements for enterprise agreements. The agreement was determined to be in the best interest of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement contained appropriate protections for employees' rights, including provisions for dispute resolution and the right to request flexible working arrangements.

Following this assessment, the Commission approved the FIP Electrical Services (QLD) Pty Ltd Enterprise Agreement 2020-2024, effective from 1 July 2020 until 30 June 2024. The Commission's decision was based on the evidence presented, which demonstrated that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees of F.I.P. Electrical Services (QLD) Pty Ltd are governed by the agreed-upon terms, providing a framework for their working relationship over the next four years.

F.I.P. Electrical Services (QLD) Pty Ltd

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established