DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FAH Group Pty Ltd T/A ECA Switchboards & Controls
(AG2016/5852)

FAH GROUP PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
COMMISSIONER ROE	SYDNEY, 27 OCTOBER 2016

Application for approval of the FAH Group Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the FAH Group Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FAH Group Pty Ltd T/A ECA Switchboards & Controls. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 3 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

FAH Group Pty Ltd, trading as ECA Switchboards & Controls, applied to the Fair Work Commission for the approval of the FAH Group Pty Ltd Enterprise Agreement 2016 - 2019. The application was made under section 231 of the Fair Work Act 2009. The dispute arose from negotiations between the employer and the union, the Electrical Trades Union of Australia, concerning the terms and conditions of employment for workers in the electrical industry. The primary concern was whether the agreement met the requirements for approval under the Act, particularly in relation to the provisions for casual employees and the process for resolving disputes.

The legal issues before the Commission included whether the enterprise agreement adequately addressed the needs and interests of casual employees and whether it provided a fair and effective process for resolving disputes between the parties. The Commission had to consider whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees. The employer argued that the agreement was fair and reasonable, while the union contended that it did not adequately protect the rights of casual employees and that the dispute resolution process was inadequate.

The Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The Commission determined that the provisions concerning casual employees were not sufficiently robust and did not adequately address their needs and interests. Additionally, the dispute resolution process outlined in the agreement was deemed inadequate, as it did not provide a fair and effective mechanism for resolving disputes. Consequently, the Commission rejected the application for approval of the enterprise agreement.

The Commission's decision emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for all employees, including casual workers, and that they include an effective process for resolving disputes. The Commission's decision also highlighted the need for employers and unions to engage in meaningful negotiations to reach agreements that are in the best interests of all parties.

FAH Group Pty Ltd T/A ECA Switchboards & Controls

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established