DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Inncontrol Pty Ltd Trustee for the Gosling Trading Trust T/A Gosling Electrical
(AG2018/6653)

INNCONTROL PTY LTD ATF THE GOSLING TRADING TRUST TRADING AS GOSLING ELECTRICAL SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 30 MAY 2019

Application for approval of the Inncontrol Pty Ltd ATF The Gosling Trading Trust trading as Gosling Electrical Single Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Inncontrol Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Inncontrol Pty Ltd ATF The Gosling Trading Trust trading as Gosling Electrical Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding definition of shiftworker, and the adult apprentice rates. A copy of the undertakings is attached at the end of the Agreement. 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] The Agreement was signed by Mr Adam Ross on behalf of the employees stating his position as a project estimator. The employer has identified Mr Adam Ross as a supervisor or leading hand covered under the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Inncontrol Pty Ltd, trustee for the Gosling Trading Trust, trading as Gosling Electrical, and the Electrical Trades Union of Australia. The dispute was regarding the application for approval of the Gosling Electrical Single Enterprise Agreement 2019 under the Fair Work Act 2009. The Fair Work Commission was the court handling the matter.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to provide for a minimum rate of pay, hours of work, and other terms and conditions. The Commission also needed to consider whether the agreement met the requirements for a single enterprise agreement and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement met the requirements of the Fair Work Act, including providing for a minimum rate of pay, hours of work, and other terms and conditions. The Commission also found that the agreement was appropriate for a single enterprise agreement and provided for adequate dispute resolution mechanisms. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the Commission included the approval of the Gosling Electrical Single Enterprise Agreement 2019, subject to modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's provisions on pay rates, penalty rates, and dispute resolution mechanisms. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies of the agreement be provided to the parties and their employees.

Inncontrol Pty Ltd Trustee for the Gosling Trading Trust T/A Gosling Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established