DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healey Infrastructure Pty ltd
(AG2019/5148)

HEALEY TRAFFIC AND ELECTRICAL ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 MARCH 2020

Application for approval of the Healey Traffic and Electrical Enterprise Agreement.

[1] Healey Infrastructure Pty Ltd has made an application for the approval of an enterprise agreement known as the Healey Traffic and Electrical Enterprise Agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 19 March 2020 and, in accordance with s 54, will operate from 26 March 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Healey Infrastructure Pty Ltd, the applicant sought approval for the Healey Traffic and Electrical Enterprise Agreement from the Fair Work Commission. The dispute arose from negotiations between the applicant and the union representing the employees, resulting in a proposed agreement that was now subject to judicial scrutiny. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issue before the Commission was whether the proposed enterprise agreement provided for minimum terms and conditions of employment that were not less favourable than the applicable award or safety net award. Additionally, the Commission had to consider whether the agreement contained any provisions that were contrary to public policy or otherwise invalid. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions were deficient and did not meet the necessary standards.

The Fair Work Commission examined the proposed agreement in detail, assessing whether it met the criteria for approval under the Fair Work Act. The Commission found that the agreement provided for terms and conditions that were not less favourable than the relevant award, ensuring that the employees were protected by a safety net of minimum standards. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. As a result, the Commission approved the Healey Traffic and Electrical Enterprise Agreement, finding it to be fair and reasonable in all respects.

The Fair Work Commission approved the Healey Traffic and Electrical Enterprise Agreement, subject to certain conditions and effective from a specified date. The decision confirms that the proposed agreement met the statutory requirements for approval and provides for fair and reasonable terms and conditions of employment for the employees involved.

Healey Infrastructure 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