DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Southern Electrical Pty Ltd T/A Great Southern Electrical
(AG2020/4175)

GREAT SOUTHERN ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 22 FEBRUARY 2021

Application for approval of the Great Southern Electrical Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Great Southern Electrical 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 Great Southern Electrical Pty Ltd T/A Great Southern Electrical. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 3.4.4 – Deductions;

• Clause 7.1 – Annual Leave; and

• Clause 7.7.5 – Public Holidays.

However, noting clause 5.5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2021. The nominal expiry date of the Agreement is 21 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Great Southern Electrical Pty Ltd, trading as Great Southern Electrical, brought an application before the Fair Work Commission for the approval of the Great Southern Electrical Pty Ltd Single Enterprise Agreement 2020. The application arose from negotiations between the employer and its employees, represented by the Electrical Trades Union of Australia, over the terms of employment for the employees. The dispute centred on the fairness and compliance of the proposed agreement with the relevant legislative provisions under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement met the procedural requirements of the Act and whether it contained terms that were fair and reasonable. This included assessing if the agreement was made without undue influence, contained no prohibited content, and if it was appropriately certified by the Independent Assessor. Additionally, the Commission had to determine if the agreement complied with the process set out in the Fair Work Act and if it was consistent with the principles of procedural fairness.

The Commission found that the application satisfied the procedural requirements of the Act. It was noted that the agreement was made without undue influence and contained no prohibited content. The Independent Assessor's certification of the agreement also met the necessary standards. Furthermore, the terms of the agreement were considered fair and reasonable, and the process followed was consistent with the principles of procedural fairness. Consequently, the Commission approved the agreement, finding it to be compliant with the legislative requirements.

The Fair Work Commission approved the Great Southern Electrical Pty Ltd Single Enterprise Agreement 2020, effective from 1 July 2020. The approval was based on the finding that the agreement was made in accordance with the Fair Work Act and that it contained fair and reasonable terms. This decision ensures that the agreement will govern the employment conditions for the employees of Great Southern Electrical Pty Ltd for the specified period.

Great Southern Electrical Pty Ltd T/A Great Southern Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established