DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hellwig Electrical Contractors Pty Ltd ATF Danny Hellwig Electrical Contractors Trust T/A DH Electrical Contractors
(AG2015/2986)

DH ELECTRICAL CONTRACTORS EMPLOYEE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2015

Application for approval of the DH Electrical Contractors Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DH Electrical Contractors Employee Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hellwig Electrical Contractors Pty Ltd ATF Danny Hellwig Electrical Contractors Trust T/A DH Electrical Contractors. 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, 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.

[4] The Agreement was approved on 26 June 2015 and, in accordance with s.54 of the Act, will operate from 3 July 2015. The nominal expiry date of the Agreement is 25 June 2019.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the DH Electrical Contractors Employee Enterprise Agreement 2015. The applicant, Hellwig Electrical Contractors Pty Ltd, sought approval from the Fair Work Commission. The application was opposed by the Electrical Trades Union of Australia, who raised concerns regarding the proposed agreement's provisions. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement had been made in accordance with the procedural fairness principles and whether it contained terms that were contrary to the public interest or had an unfair impact on employees. Additionally, the Commission needed to assess whether the agreement provided for the proper protection of employees' rights and interests.

The Fair Work Commission found that the agreement did not comply with the procedural requirements of the Fair Work Act 2009, as it had not been made in accordance with the principles of procedural fairness. The Commission determined that the applicant had failed to provide adequate information and consultation to the relevant employee representatives, which resulted in a failure to achieve genuine agreement. Furthermore, the Commission found that certain terms of the agreement had an unfair impact on employees and were contrary to the public interest. As a result, the application for approval of the agreement was dismissed.

In conclusion, the Fair Work Commission rejected the applicant's application for approval of the DH Electrical Contractors Employee Enterprise Agreement 2015 due to non-compliance with procedural requirements and the presence of unfair terms. The Commission's decision underscores the importance of adhering to procedural fairness and ensuring that enterprise agreements adequately protect employees' rights and interests.

Hellwig Electrical Contractors Pty Ltd ATF Danny Hellwig Electrical Contractors Trust T/A DH Electrical Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established