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
(AG2021/172)

DH ELECTRICAL CONTRACTORS ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the DH Electrical Contractors Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the DH Electrical Contractors Enterprise Agreement 2020 (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 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. The undertakings are taken to be a term of 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 23 February 2021. The nominal expiry date of the Agreement is 16 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Hellwig Electrical Contractors Pty Ltd, acting through Danny Hellwig Electrical Contractors Trust, and its employees. The dispute centred on the application for approval of the DH Electrical Contractors Enterprise Agreement 2020, which was submitted to the Fair Work Commission for endorsement. The Fair Work Commission was the court responsible for addressing the application.

The legal issues that required resolution by the court included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved examining if the agreement met the criteria for registration, including provisions on minimum wages and conditions, employee entitlements, and the process for resolving disputes. Additionally, the court had to determine if the agreement had been fairly and genuinely negotiated and if it provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission determined that the DH Electrical Contractors Enterprise Agreement 2020 complied with the Fair Work Act 2009. The court found that the agreement met the criteria for registration, as it included provisions for minimum wages and conditions, employee entitlements, and a process for resolving disputes. Furthermore, the court concluded that the agreement had been fairly and genuinely negotiated and provided for a fair and reasonable outcome for all parties involved. Consequently, the court approved the application for the agreement's registration.

The final orders of the court included the approval of the DH Electrical Contractors Enterprise Agreement 2020, which would now serve as the legally binding contract between Hellwig Electrical Contractors Pty Ltd and its employees. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms and conditions. This decision provided certainty and stability to the employment relationship, ensuring that both the employer and employees were bound by the agreed-upon terms.

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