DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gangi Electrics Pty Ltd
(AG2015/87)

GANGI ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 MARCH 2015

Application for approval of the Gangi Electrics Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gangi Electrics Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gangi Electrics 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 12 March 2015 and, in accordance with s.54, will operate from 19 March 2015. The nominal expiry date of the Agreement is 11 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gangi Electrics Pty Ltd was the subject of an application for the approval of an enterprise agreement for the period 2014 to 2018. The applicant was the Fair Work Commission (FWC), and the respondent was the company. The dispute involved the approval of terms and conditions outlined in the enterprise agreement between the employer and the employees represented by the applicant. The case was heard in the Fair Work Commission, an Australian federal statutory court with jurisdiction over workplace relations matters.

The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT) agreement. This involved assessing if the agreement provided employees with improved terms and conditions compared to the relevant award and if the agreement was made in good faith. The Commission also needed to consider whether the agreement allowed for a fair balance between the interests of the employees and the employer.

In its decision, the Fair Work Commission determined that the enterprise agreement did meet the statutory requirements and was indeed a BOOT agreement. The Commission found that the agreement provided employees with better terms and conditions than those set out in the relevant award. The Commission was satisfied that the agreement was made in good faith and that it achieved a fair balance between the interests of the employees and the employer. The Commission approved the application and certified the enterprise agreement as meeting the necessary criteria under the Fair Work Act.

The final orders of the Commission were that the enterprise agreement for Gangi Electrics Pty Ltd for the period 2014 to 2018 was approved and certified as a BOOT agreement, effective from the date of the decision. The agreement would then be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

Gangi Electrics 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