DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Southern Electrical Pty Ltd
(AG2016/4614)

GREAT SOUTHERN ELECTRICAL PTY LTD SINGLE ENTEPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the Great Southern Electrical Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Great Southern Electrical Pty Ltd Single Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 23 September 2016. The nominal expiry date of the Agreement is 15 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application by Great Southern Electrical Pty Ltd to have its 2016 Single Enterprise Agreement approved under the Fair Work Act 2009. The agreement was being contested by the Electrical Trades Union of Australia (ETUA), which argued that the proposed agreement did not meet the requirements for "better off overall" under the Act. The dispute centred on the terms of the proposed agreement, particularly those relating to pay rates and conditions, which the ETUA claimed would result in employees being worse off overall compared to their previous conditions.

The primary legal issues before the Commission were whether the proposed agreement complied with the "better off overall" test and whether it met the necessary standards for fair and reasonable terms. The Commission had to examine the financial and non-financial benefits and detriments of the proposed agreement, and assess whether the overall effect of the agreement was to improve the conditions of employment for the employees. This involved comparing the proposed terms with the existing terms and determining if the employees would be better off overall, considering all aspects of their employment.

In considering the application, the Commission analysed the submissions from both parties and conducted a detailed examination of the proposed changes. The Commission found that the proposed agreement included provisions that were beneficial to employees, such as increased wages and improved leave provisions. These benefits were weighed against any detriments, such as changes to shift patterns and the introduction of new performance measures. Ultimately, the Commission concluded that the overall effect of the proposed agreement was to improve the conditions of employment for the employees, and therefore met the "better off overall" test. The Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Great Southern Electrical Pty Ltd Single Enterprise Agreement 2016 to be registered, finding that it met the requirements of the Fair Work Act 2009. The Commission's decision was based on its determination that the agreement was fair and reasonable and that the employees would be better off overall under the new terms.

Great Southern Electrical Pty Ltd

DECISION

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Legal Principle Established