DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FLC Electrical Pty Ltd
(AG2020/1920)

FLC ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 24 JULY 2020

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

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

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2020. The nominal expiry date of the Agreement is 23 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, FLC Electrical Pty Ltd, sought approval of the FLC Electrical Pty Ltd Single Enterprise Agreement 2020. The respondents, the Electrical Trade Union of Australia and the Electrical Communication Union of Australia, opposed the application. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to consider the provisions of the agreement, including terms related to wages, conditions, and dispute resolution mechanisms.

The Commission examined the submissions from both parties and the evidence presented. It found that the agreement was fair and reasonable, meeting all legislative requirements. The Commission noted that the agreement provided for fair wages and conditions, and included adequate dispute resolution processes. It was determined that the agreement was in the best interests of the employees, as it provided a fair balance of rights and obligations for both employers and employees. The Commission approved the application, recognising the agreement as a single enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the FLC Electrical Pty Ltd Single Enterprise Agreement 2020 as a lawful and fair agreement. The Commission found that the agreement met all legislative requirements and was in the best interests of the employees. This decision ensures that the agreement can be implemented and provides a stable framework for the employment relationship between FLC Electrical Pty Ltd and its employees.

FLC Electrical 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