DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greens Electrical Service (2009) Pty Ltd
(AG2018/6809)

GREENS ELECTRICAL SERVICE (2009) PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2019

Application for approval of the Greens Electrical Service (2009) Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Greens Electrical Service (2009) Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greens Electrical Service (2009) 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.

[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 20 May 2019. The nominal expiry date of the Agreement is 13 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Greens Electrical Service (2009) Pty Ltd, applied for the approval of its Enterprise Agreement 2018 - 2022. The applicant and the Electrical Trades Union of Australia were the parties to the enterprise agreement. The dispute arose when the applicant sought to have the agreement approved by the Fair Work Commission. The applicants argued that the agreement contained terms that were necessary to ensure the ongoing viability and competitiveness of the business, and that it complied with the relevant statutory requirements.

The legal issues before the court were whether the enterprise agreement was made in good faith and whether it contained all the mandatory terms required by the Fair Work Act. The court was required to consider whether the agreement was made in accordance with the principles of good faith bargaining and whether it complied with the mandatory provisions of the Act. The court also needed to determine whether the agreement was in the best interests of the employees and the business.

The court found that the agreement was made in good faith and contained all the mandatory terms required by the Act. The court noted that the applicant had demonstrated that it had engaged in genuine and meaningful bargaining with the union, and that the agreement reflected the interests of both parties. The court also found that the agreement was in the best interests of the employees and the business, as it provided for a fair and reasonable outcome for all parties. The court approved the enterprise agreement and made the necessary orders.

Greens Electrical Service (2009) 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