DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HLM Data & Electrical Services Pty Ltd
(AG2016/2462)

HLM DATA & ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER ROE	SYDNEY, 22 MARCH 2016

Application for approval of the HLM Data & Electrical Services Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the HLM Data & Electrical Services Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HLM Data & Electrical Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 22 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, HLM Data & Electrical Services Pty Ltd, sought approval of an enterprise agreement entered into with its employees. The Fair Work Commission was the court that heard the matter. The dispute centred around the terms and conditions of the enterprise agreement, specifically whether it met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues were whether the agreement was genuinely negotiated, contained the necessary minimum terms, and complied with the good faith bargaining provisions. The applicant argued that the agreement was negotiated in good faith and included all necessary minimum terms. The respondent contended that the agreement failed to meet certain legal requirements, including provisions on termination of employment and dispute resolution.

The Commission found that the agreement was genuinely negotiated and contained all necessary minimum terms. The Commission also found that the agreement complied with the good faith bargaining provisions. The Commission approved the enterprise agreement, noting that it provided for fair and reasonable terms and conditions of employment.

The Commission made orders approving the HLM Data & Electrical Services Pty Ltd Enterprise Agreement 2016 - 2020, with specific provisions that were found to be non-compliant to be disregarded. The agreement was approved as meeting the legal requirements for approval under the Fair Work Act 2009.

HLM Data & Electrical Services 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