DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FIP Electrical (NSW) Pty Ltd
(AG2015/7549)

FIP ELECTRICAL (NSW) PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 17 DECEMBER 2015

Application for approval of the FIP Electrical (NSW) Pty Ltd Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the FIP Electrical (NSW) Pty Ltd Construction 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 FIP Electrical (NSW) Pty Ltd. 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2015. The nominal expiry date of the Agreement is 16 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

FIP Electrical (NSW) Pty Ltd applied to the Fair Work Commission for approval of the FIP Electrical (NSW) Pty Ltd Construction Enterprise Agreement 2015. The application was opposed by the Electrical Trade Union of Australia, contending that the agreement failed to meet the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory provisions, specifically focusing on the provisions relating to the minimum standards and the good faith bargaining process.

The central legal issues revolved around whether the agreement met the criteria for approval under section 230 of the Fair Work Act, including whether it contained the minimum entitlements, whether it was the product of genuine agreement between the parties, and whether it had been fairly applied to the employees covered by it. The commission also had to assess whether the process of bargaining leading up to the agreement was conducted in good faith and whether the agreement adequately protected the rights of the employees.

In its decision, the Fair Work Commission found that the agreement met all statutory requirements for approval. The commission held that the agreement contained the minimum entitlements prescribed by the Act, that it was the product of genuine agreement between the parties, and that it had been fairly applied to the employees. Furthermore, the commission found that the bargaining process had been conducted in good faith, and that the agreement provided adequate protections for the employees. Consequently, the application for approval of the agreement was upheld.

The Fair Work Commission approved the FIP Electrical (NSW) Pty Ltd Construction Enterprise Agreement 2015, determining that it complied with the provisions of the Fair Work Act. The commission's decision was based on its findings that the agreement met the minimum entitlements, was the product of genuine agreement, and was applied fairly to the employees. Additionally, the commission confirmed that the bargaining process had been conducted in good faith and that the agreement provided adequate protections for the employees. The Electrical Trade Union of Australia's opposition to the approval of the agreement was accordingly dismissed.

FIP 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