DECISION

Fair Work Act 2009
s.185—Enterprise agreement

High Energy Service Pty Ltd
(AG2021/135)

HIGH ENERGY SERVICE PTY LTD ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MARCH 2021

Application for approval of the High Energy Service Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the High Energy Service Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by High Energy Service Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2021. The nominal expiry date of the Agreement is 28 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

High Energy Service Pty Ltd recently had its 2021 Enterprise Agreement approved by the Fair Work Commission. This agreement was the subject of a dispute involving the company and various employees, who were represented by the Electrical Trades Union of Australia. The disagreement centred on specific provisions within the agreement that both parties could not resolve through their negotiations.

The legal issues the court was required to address included whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved scrutinising the agreement's compliance with provisions regarding procedural fairness, the protection of employees' rights, and the promotion of productive and harmonious workplace relations. The court also needed to determine if the agreement was in the best interests of the employees and whether it met the requirements for a fair and effective resolution of the dispute.

The Fair Work Commission's reasoning led to the conclusion that the High Energy Service Pty Ltd Enterprise Agreement 2021 did indeed meet the necessary statutory criteria for approval. The Commission found that the agreement had been negotiated in good faith, provided adequate protections for employees, and was likely to promote productive and harmonious workplace relations. The court also accepted that the agreement was in the best interests of the employees, taking into account their specific needs and concerns. Therefore, the Commission approved the agreement, resolving the dispute in favour of High Energy Service Pty Ltd and the union.

High Energy Service 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