DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horan & Bird Energy Pty Limited T/A Horan & Bird Energy Pty Ltd
(AG2016/7573)

HORAN & BIRD ENERGY PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2017

Application for approval of the Horan & Bird Energy Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Horan & Bird Energy Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Horan & Bird Energy Pty Limited T/A Horan & Bird Energy Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 16 January 2017. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Horan & Bird Energy Pty Limited, trading as Horan & Bird Energy Pty Ltd, sought approval of the 2016 Enterprise Agreement. The application was opposed by the Electrical Trades Union of Australia, representing several of the company's employees. The dispute centred on the terms and conditions of employment as set out in the proposed agreement, with the union contending that certain provisions were unfair and not in line with industry standards.

The primary legal issue before the Commission was whether the terms and conditions outlined in the agreement were fair and reasonable, particularly in relation to the pay rates and conditions for employees. The union argued that the proposed pay rates were below industry standards and did not adequately account for the skills and responsibilities of the employees. Additionally, the union challenged the classification of certain employees and the implications this had on their entitlements.

The Commission examined the evidence presented by both parties, including industry benchmarks, the company's financial position, and the specific roles and responsibilities of the employees. The Commission concluded that, while the union's concerns were valid, the proposed agreement did not contain any terms that were unfair or unreasonable. The Commission found that the pay rates were in line with industry standards, and the classification of employees was appropriate given their roles. The Commission approved the agreement, finding that it was fair and reasonable and met the requirements of the Fair Work Act.

The Commission ordered the approval of the Horan & Bird Energy Pty Ltd Enterprise Agreement 2016, subject to the terms and conditions set out in the agreement. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees of the company.

Horan & Bird Energy Pty Limited T/A Horan & Bird Energy 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