Greenridge Electrical Pty Ltd

Case [2016] FWCA 2325


[2016] FWCA 2325
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Greenridge Electrical Pty Ltd
(AG2016/511)

GREENRIDGE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry

COMMISSIONER LEE

SYDNEY, 13 APRIL 2016

Application for approval of the Greenridge Electrical Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Greenridge Electrical Pty Ltd 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 Greenridge 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2016. The nominal expiry date of the Agreement is 14 March 2020.

COMMISSIONER

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ANNEXURE A

Details
AGLC
Greenridge Electrical Pty Ltd [2016] FWCA 2325
Case
[2016] FWCA 2325
Decision Date

CaseChat Overview and Summary

Greenridge Electrical Pty Ltd, a company in the electrical contracting industry, sought approval of its enterprise agreement from the Fair Work Commission. The agreement was submitted for assessment to ensure it met the criteria for approval under the Fair Work Act 2009. The legal issues before the court were whether the agreement provided for the proper payment of wages and conditions, included appropriate dispute resolution processes, and complied with other relevant legislative requirements.

The court examined the provisions of the agreement to determine if it met the necessary standards. It assessed whether the agreement adequately covered minimum wages, penalty rates, leave entitlements, and other employment conditions. The court also considered the dispute resolution mechanisms outlined in the agreement, ensuring they were fair and accessible. Additionally, the court verified the agreement's compliance with other statutory provisions, such as those relating to employee representation and consultation.

The Fair Work Commission found that the Greenridge Electrical Pty Ltd Enterprise Agreement 2016 met all the required standards for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment and included appropriate dispute resolution processes. The court approved the agreement, allowing it to come into effect.

The final orders of the court were that the Greenridge Electrical Pty Ltd Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

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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