DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPE Electrical and Communications Contractor Pty Ltd
(AG2021/4040)

GPE ELECTRICAL AND COMMUNICATIONS CONTRACTOR PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 19 MARCH 2021

Application for approval of the GPE Electrical and Communications Contractor Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the GPE Electrical and Communications Contractor Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GPE Electrical and Communications Contractor 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2021. The nominal expiry date of the Agreement is 18 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GPE Electrical and Communications Contractor Pty Ltd applied for the approval of the GPE Electrical and Communications Contractor Pty Ltd Single Enterprise Agreement 2020. The applicant sought to have the agreement registered with the Fair Work Commission under the Fair Work Act 2009. The primary dispute centred around the terms and conditions of employment within the proposed agreement and whether they met the legislative requirements for approval.

The key legal issues before the Commission were whether the agreement provided for the terms and conditions of employment of the relevant employees, if it was in writing and signed by the relevant parties, and if it complied with the good faith bargaining requirement. Additionally, the Commission had to determine whether the agreement provided for the resolution of any disputes and if it contained necessary provisions such as those relating to termination and redundancy.

In its decision, the Commission found that the proposed agreement met all the statutory requirements for approval. The agreement contained all necessary terms and conditions of employment, was in written form, and had been signed by the relevant parties. The Commission was satisfied that the agreement had been reached through good faith bargaining. Furthermore, the agreement included provisions for the resolution of disputes, including an enterprise dispute resolution process. The Commission was also satisfied that the agreement contained adequate provisions for termination and redundancy. Given these findings, the Commission approved the agreement, confirming its registration.

The final orders of the Commission included the approval and registration of the GPE Electrical and Communications Contractor Pty Ltd Single Enterprise Agreement 2020 under the Fair Work Act 2009. The agreement was to be binding upon the applicant and the relevant employees, effective from the date of registration. The Commission's decision ensures that the terms and conditions outlined in the agreement are legally enforceable and provide a fair framework for the employment relationship between the parties involved.

GPE Electrical and Communications Contractor 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