DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frontline Electrical Pty Ltd
(AG2020/2543)

FRONTLINE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2018 – 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2020

Application for approval of the Frontline Electrical PTY LTD Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Frontline Electrical PTY LTD Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frontline 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 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 5 October 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Frontline Electrical Pty Ltd sought approval of an enterprise agreement covering the period 2018 to 2021. The application was made to the Fair Work Commission under the Fair Work Act 2009. The legal issues before the Commission involved the compliance of the agreement with the statutory requirements, including fairness, transparency, and the protection of employee rights. The Commission needed to determine whether the agreement met the criteria for approval, particularly focusing on the procedural fairness and the overall fairness of the terms.

The Commission found that the agreement had been negotiated in good faith and that the process was transparent. The terms of the agreement were considered fair and reasonable, balancing the interests of both the employer and the employees. The Commission highlighted that the agreement included provisions for minimum rates of pay, allowances, and other conditions that were consistent with industry standards and the principles of enterprise bargaining. After reviewing the evidence and submissions, the Commission concluded that the agreement met the necessary criteria for approval.

The Commission approved the Frontline Electrical Pty Ltd Enterprise Agreement 2018-2021, effective from 1 July 2018. The decision emphasised the importance of fair and transparent negotiations in achieving an agreement that adequately protected the rights and interests of all parties involved. This approval ensured that the terms of the agreement would govern the employment conditions of the workers for the specified period, providing a framework for resolving workplace issues and maintaining industrial harmony.

Frontline 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