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
(AG2014/11065)

INNCONTROL PTY LTD TRUSTEE FOR THE GOSLING TRADING TRUST, T/A GOSLING ELECTRICAL SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 JANUARY 2015

Application for approval of the Inncontrol Pty Ltd Trustee for the Gosling Trading Trust T/A Gosling Electrical Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inncontrol Pty Ltd Trustee for the Gosling Trading Trust T/A Gosling Electrical Single Enterprise Agreement 2014 (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.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 3 February 2015. The nominal expiry date of the Agreement is 3 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inncontrol Pty Ltd, acting as trustee for the Gosling Trading Trust trading as Gosling Electrical, applied to the Fair Work Commission for approval of a Single Enterprise Agreement 2014. The application was contested by the Electrical Trades Union of Australia. The central issue was whether the agreement met the requirements of the Fair Work Act 2009 for single enterprise agreements. The court had to determine if the agreement was made in good faith, and if it provided for the terms and conditions of employment that were fair and reasonable.

The Fair Work Commission examined the process through which the agreement was made, assessing if it was done in good faith and whether there was genuine bargaining between the parties. The Commission also evaluated if the agreement contained terms and conditions that were fair and reasonable, considering the broader economic context and the specific circumstances of the enterprise. The Commission noted that while the Electrical Trades Union of Australia had raised objections, the evidence presented did not sufficiently undermine the assertion that the agreement was made in good faith and contained fair and reasonable terms.

Ultimately, the Fair Work Commission approved the Single Enterprise Agreement 2014. The Commission found that the agreement was made in good faith and that its terms and conditions were fair and reasonable, taking into account the evidence and submissions from both parties. The Electrical Trades Union of Australia’s objections were not deemed sufficient to warrant disapproval of the agreement.

The Fair Work Commission ordered that the Single Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision.

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