Gid Electrical Contracting Pty Ltd T/A Gid Electrical Summary

[2022] FWCA 3803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gid Electrical Contracting Pty Ltd T/A Gid Electrical

(AG2022/4358)

GID Electrical Contracting Pty Ltd Enterprise Agreement 2022-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 28 OCTOBER 2022

Application for approval of the GID Electrical Contracting Pty Ltd Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the GID Electrical Contracting Pty Ltd Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gid Electrical Contracting Pty Ltd T/A Gid Electrical. The Agreement is a single enterprise agreement.

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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 27 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Gid Electrical Contracting Pty Ltd, trading as GID Electrical, which sought approval for the GID Electrical Contracting Pty Ltd Enterprise Agreement 2022-2026. The matter was heard in the Fair Work Commission. The application for approval was contested by a party who raised objections to specific provisions of the proposed agreement.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The objector raised concerns about certain clauses, including those related to wage rates, conditions of employment, and dispute resolution mechanisms. The court had to determine whether these provisions were fair and reasonable in all aspects, taking into account relevant factors such as the nature of the business and the interests of the employees.

The Fair Work Commission carefully considered the objections and the submissions made by both parties. The court examined the provisions in question to assess whether they met the legal standards for fairness and reasonableness. After evaluating the evidence and arguments presented, the court found that the contested clauses were fair and reasonable. The decision was based on a comprehensive analysis of the specific circumstances of the business and the interests of the employees, ensuring that the agreement complied with the statutory requirements. The court ultimately approved the enterprise agreement.

The Fair Work Commission issued an order approving the GID Electrical Contracting Pty Ltd Enterprise Agreement 2022-2026, effective from the date of the decision. The court's approval was contingent upon the agreement being registered with the Fair Work Commission, which would then provide the necessary documentation and formalise the agreement.

Gid Electrical Contracting Pty Ltd T/A Gid Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established