Hender Lee Electrical Contractors Pty Ltd

Case [2018] FWCA 71
[2018] FWCA 71

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hender Lee Electrical Contractors Pty Ltd

(AG2017/5528)

Hender Lee Electrical Contractors Pty Ltd Enterprise Agreement 2017 - 2021

Electrical contracting industry

Commissioner Johns

SYDNEY, 4 JANUARY 2018

Application for approval of the Hender Lee Electrical Contractors Pty Ltd Enterprise Agreement 2017-2021.

  1. On 15 November 2017 Hender Lee Electrical Contractors Pty Ltd (Applicant) made an application for approval of the Hender Lee Electrical Contractors Pty Ltd Enterprise Agreement 2017-2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

  1. The Agreement was lodged within 14 days after it was made.

  2. The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

  1. The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 January 2018. The nominal expiry date of the Agreement is 4 January 2022.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE426796  PR599257>

Details
AGLC
Hender Lee Electrical Contractors Pty Ltd [2018] FWCA 71
Case
[2018] FWCA 71
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Hender Lee Electrical Contractors Pty Ltd applied for approval of the Hender Lee Electrical Contractors Pty Ltd Enterprise Agreement 2017-2021. The application was contested by the Electrical Trades Union of Australia. The dispute centred around the terms and conditions of employment under the proposed enterprise agreement, specifically focusing on wage rates, working hours, and conditions of employment.

The central legal issues before the Commission involved whether the proposed agreement provided for minimum entitlements as required by the Fair Work Act 2009, and whether it met the 'better off overall test' (BOOT) which ensures that employees are not worse off financially or in terms of conditions under the new agreement compared to their previous entitlements. The Commission also had to consider whether the agreement complied with any relevant industry awards and if it adhered to the procedural requirements for enterprise agreements.

The Fair Work Commission found that the proposed agreement provided for minimum entitlements and met the BOOT. The Commission concluded that employees would not be worse off overall under the new agreement and that it complied with relevant awards and procedural requirements. The agreement was approved as it did not disadvantage employees and provided for fair and reasonable terms and conditions of employment.

The final orders included the approval of the Hender Lee Electrical Contractors Pty Ltd Enterprise Agreement 2017-2021, effective from 1 July 2017, and it was to be registered under the Fair Work Act 2009.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.