DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FIP Electrical Services Pty Ltd
(AG2020/2019)

FIP ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 AUGUST 2020

Application for approval of the FIP Electrical Services Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the FIP Electrical Services Pty Ltd Single Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by FIP Electrical Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 6 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, FIP Electrical Services Pty Ltd, sought approval of the FIP Electrical Services Pty Ltd Single Enterprise Agreement 2020 from the Fair Work Commission. The application was made in accordance with the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for the company’s workers. The company argued that the proposed agreement was a fair and reasonable one that balanced the interests of both employers and employees, while also considering the broader economic context.

The primary legal issue before the commission was whether the proposed agreement met the criteria for approval under section 232 of the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions, taking into account matters such as pay rates, hours of work, leave entitlements, and other employment-related provisions. The commission had to ensure that the agreement did not predetermine the outcome of any existing or future enterprise bargaining process and that it was not contrary to public policy.

In its decision, the commission considered various submissions from both the applicant and other interested parties. The commission found that the agreement contained provisions that were fair and reasonable for the employees, considering their specific needs and the economic environment. It noted that the agreement did not predetermine the outcome of future bargaining processes and that it aligned with broader public policy objectives. Consequently, the commission approved the application, confirming that the proposed agreement met all necessary legal standards.

The final orders of the commission included the approval of the FIP Electrical Services Pty Ltd Single Enterprise Agreement 2020, which would now be applicable to the company’s workers. The commission also noted that the agreement would remain in effect until it was superseded by a new agreement or until it was terminated in accordance with the relevant provisions of the Fair Work Act.

FIP Electrical Services 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