DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finestone Investments Pty Ltd
(AG2015/1427)

THE ACE PLUS ELECTRICAL ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2015

Application for approval of The Ace Plus Electrical Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Ace Plus Electrical Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Finestone Investments 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 18 June 2015 and, in accordance with s.54 of the Act, will operate from 25 June 2015. The nominal expiry date of the Agreement is 17 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Finestone Investments Pty Ltd was the applicant before the Fair Work Commission, seeking approval for the Ace Plus Electrical Enterprise Agreement 2015. The dispute involved the validity and fairness of the agreement in question, which was intended to govern the terms and conditions of employment for workers within the electrical contracting industry. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary standards for approval.

The primary legal issue before the Commission was whether the Ace Plus Electrical Enterprise Agreement 2015 adhered to the requirements set out in the Fair Work Act 2009. This involved examining whether the agreement was made in good faith and whether it provided for the proper operation of electrical contracting businesses while ensuring fairness for employees. Additionally, the Commission needed to consider whether the agreement complied with the process requirements under the Act, such as ensuring the agreement was made without undue influence or coercion.

The Fair Work Commission found that the Ace Plus Electrical Enterprise Agreement 2015 complied with the relevant provisions of the Fair Work Act 2009. The Commission determined that the agreement was made in good faith and provided for the proper operation of businesses in the electrical contracting industry. Furthermore, the Commission was satisfied that the agreement was fair and met the necessary standards for approval. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Act.

No additional orders were made by the Commission beyond the approval of the Ace Plus Electrical Enterprise Agreement 2015. The decision serves as a precedent for future enterprise agreements in the electrical contracting industry, ensuring that agreements are made in good faith and meet the statutory requirements for fairness and proper business operation.

Finestone Investments 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