DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fredon (WA) Electrical Pty Ltd
(AG2020/2891)

FREDON (WA) ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 6 OCTOBER 2020

Application for approval of the Fredon (WA) Electrical Pty Ltd Enterprise Agreement 2020.

[1] Application has been made by Fredon (WA) ElectricalPty Ltd for approval of a single enterprise agreement known as the Fredon (WA) Electrical Pty Ltd Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2020. The nominal expiry date of the Agreement is 10 December 2023.

[4] The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon (WA) Electrical Pty Ltd applied for approval of its Enterprise Agreement 2020, which was submitted to the Fair Work Commission. The application was opposed by the Electrical Trades Union of Australia (WA), which argued that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The dispute centred on the provisions regarding penalty rates and the classification of employees. The Fair Work Commission was required to determine whether the agreement complied with the statutory requirements and was in the best interests of the employees.

The court examined whether the agreement provided for fair and reasonable terms and conditions, including adequate penalty rates for employees. It also considered whether the agreement was consistent with the Fair Work Act and whether it had been genuinely negotiated. The key issue was whether the agreement provided sufficient protection for employees' rights and interests, particularly in relation to penalty rates and employee classification.

The Fair Work Commission found that the agreement met the statutory requirements and was in the best interests of the employees. It concluded that the agreement provided for fair and reasonable terms and conditions, including adequate penalty rates, and that it had been genuinely negotiated. The commission also found that the agreement was consistent with the Fair Work Act. The application for approval was therefore granted.

The Fair Work Commission approved the Fredon (WA) Electrical Pty Ltd Enterprise Agreement 2020. The commission's decision confirmed that the agreement met the statutory requirements and was in the best interests of the employees. The court's decision provides guidance for employers and employees in relation to the negotiation and approval of enterprise agreements.

Fredon (WA) 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