DECISION

Fair Work Act 2009
s.185—Enterprise agreement

High Energy Service Pty Ltd
(AG2017/248)

HIGH ENERGY SERVICE PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the High Energy Service Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the High Energy Service Pty Ltd Enterprise Agreement 2017 (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 22 February 2017. The nominal expiry date of the Agreement is 14 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

High Energy Service Pty Ltd, an employer, sought approval of an enterprise agreement under the Fair Work Act 2009 from the Fair Work Commission. The agreement was negotiated with two unions representing the employees, and the employer argued that the agreement contained appropriate protections for employees, particularly in relation to redundancy and termination. The unions argued that the agreement did not go far enough in protecting employees' rights.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for the proper protection of employees' rights and interests, and whether it was a "better off overall test" agreement. The Commission also needed to consider whether the agreement was in the public interest and whether it complied with any relevant national employment standards.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act and provided for the proper protection of employees' rights and interests. The Commission found that the agreement was a "better off overall test" agreement and was in the public interest. The Commission also found that the agreement complied with relevant national employment standards. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the High Energy Service Pty Ltd Enterprise Agreement 2017, subject to modifications. The employer and unions will need to implement the approved agreement, and ensure that it is complied with in practice. The decision provides guidance on the requirements of enterprise agreements under the Fair Work Act and the considerations that the Fair Work Commission takes into account when approving such agreements.

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