DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grid Electrical Services Pty Ltd
(AG2019/4997)

GRID ELECTRICAL SERVICES PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 9 JANUARY 2020

Application for approval of the Grid Electrical Services Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Grid Electrical Services Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grid Electrical Services 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Grid Electrical Services Pty Ltd and the Electrical Trades Union Sydney Branch. The dispute centred on the approval of the Grid Electrical Services Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement was a genuine enterprise agreement, as defined by the Act. The Commission needed to examine if the agreement had been negotiated in good faith and if it included the necessary provisions for minimum wages and conditions, dispute resolution, and other stipulated requirements. Additionally, the Commission assessed whether the agreement complied with the provisions concerning the coverage of employees and the process of employee consultation.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and was thus approved. The Commission concluded that the negotiation process was conducted in good faith, and the agreement satisfied all statutory requirements. The Commission noted the inclusion of essential provisions for minimum wages and conditions, as well as the appropriate dispute resolution mechanisms. Furthermore, the agreement was deemed to cover the relevant employees correctly and to have been developed through a proper consultation process.

The Commission's decision was to approve the Grid Electrical Services Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019, effective from the date of the decision. This approval meant that the agreement would govern the employment terms and conditions of the relevant employees as stipulated.

Grid Electrical Services 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