George & ARB Electrical Contractors Pty Ltd

Case [2019] FWCA 4851


[2019] FWCA 4851
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

George & ARB Electrical Contractors Pty Ltd
(AG2019/1938)

GEORGE & ARB ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 11 JULY 2019

Application for approval of the George & ARB Electrical Pty Ltd Enterprise Agreement 2019 - 2023

[1] George & ARB Electrical Contractors Pty Ltd has made an application for approval of an enterprise agreement known as the George & ARB Electrical Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 11 July 2019 and, in accordance with s 54, will operate from 18 July 2019. The nominal expiry date of the Agreement is 11 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504412 PR710250>

Details
AGLC
George & ARB Electrical Contractors Pty Ltd [2019] FWCA 4851
Case
[2019] FWCA 4851
Decision Date

CaseChat Overview and Summary

The matter before the court involved George & ARB Electrical Contractors Pty Ltd and their employees, with a dispute over the approval of the Enterprise Agreement 2019 - 2023. The application was brought before the Fair Work Commission, which is responsible for approving such agreements under Australian labour law.

The primary legal issues before the court were whether the Enterprise Agreement in question complied with the statutory requirements of the Fair Work Act 2009 and whether it had been appropriately negotiated and agreed upon by the relevant parties. Specifically, the court examined whether the agreement met the minimum standards set out in the Act and if it had been fairly negotiated in good faith.

The court considered various aspects of the agreement, including the minimum wage rates, conditions of employment, and the process by which the agreement was negotiated. The court found that the agreement met the minimum standards set out in the Fair Work Act and that it had been negotiated in good faith. The court was satisfied that the agreement was fair and reasonable, and therefore approved the Enterprise Agreement 2019 - 2023.

The Fair Work Commission approved the George & ARB Electrical Pty Ltd Enterprise Agreement 2019 - 2023, confirming its compliance with the statutory requirements and its fair negotiation process. The court's decision ensures that the employees of George & ARB Electrical Contractors Pty Ltd will continue to be covered by a legally binding and fair enterprise agreement for the duration of the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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