| [2017] FWCA 3020 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Green Switch Electrical Pty Ltd
(AG2017/1526)
GREEN SWITCH ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2017
Electrical contracting industry | |
COMMISSIONER GREGORY | MELBOURNE, 1 JUNE 2017 |
Application for approval of the Green Switch Electrical Pty Ltd Single Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Green Switch Electrical Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Green Switch Electrical Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Applicant 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.
[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 8 June 2017. The nominal expiry date of the Agreement is 31 May 2021.
COMMISSIONER
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Annexure A
- AGLC
- Green Switch Electrical Pty Ltd [2017] FWCA 3020
- Case
- [2017] FWCA 3020
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the terms of the Green Switch Electrical Pty Ltd Single Enterprise Agreement 2017 complied with the Fair Work Act 2009, specifically focusing on provisions related to minimum wage rates, overtime, and other employment conditions. The court needed to ensure that the agreement did not underpay employees and that it adhered to the statutory minimum standards set by the Fair Work Act.
The Fair Work Commission examined the agreement's provisions and considered the evidence presented by the parties. The court found that the agreement contained clauses that were compliant with the Fair Work Act, including appropriate wage rates and conditions that met the legislative standards. Therefore, the Commission approved the agreement, recognising its compliance with the necessary legal requirements. This decision was based on the comprehensive evidence provided and the conclusion that the agreement did not disadvantage employees in terms of pay and conditions.
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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