DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GRiD Electrical Services Pty Ltd
(AG2017/6397)

GRID ELECTRICAL SERVICES PTY LTD SYDNEY CONSTRUCTION UNION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 19 APRIL 2018

Application for approval of the Grid Electrical Services Pty Ltd Sydney Construction Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Grid Electrical Services Pty Ltd Sydney Construction Union 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 GRiD Electrical Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 19 April 2018 and, in accordance with s.54, will operate from 26 April 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of GRiD Electrical Services Pty Ltd, the Australian Industrial Relations Commission was tasked with approving the Grid Electrical Services Pty Ltd Sydney Construction Union Enterprise Agreement 2017. This agreement, proposed by the employer, GRiD Electrical Services Pty Ltd, pertains to the employment conditions of its workers who are members of the Sydney Construction Union. The dispute centred on whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the commission involved assessing whether the agreement contained all the necessary minimum terms prescribed by the Fair Work Act, and if the agreement had been fairly negotiated. The commission also had to consider whether the agreement was in the best interests of the employees and if it complied with the procedural requirements for approval. Specifically, the court examined whether the union had provided proper notice and had allowed for an adequate period for employees to review and respond to the proposed terms.

The commission found that the proposed agreement complied with the statutory minimum terms and was fairly negotiated. It determined that the union had provided sufficient notice to employees and had allowed an appropriate period for feedback. The commission was satisfied that the agreement was in the best interests of the employees, considering the context and the terms negotiated. Consequently, the commission approved the agreement, confirming its compliance with all legislative requirements and its fairness to the employees involved.

As a result of the court's decision, the Grid Electrical Services Pty Ltd Sydney Construction Union Enterprise Agreement 2017 was approved and became legally binding. This decision ensures that the terms of the agreement, which cover wages, conditions, and other employment-related matters, will be upheld in accordance with the Fair Work Act.

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