DECISION

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

Interstate Electrical Service Pty Ltd
(AG2014/10339)

INTERSTATE ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 DECEMBER 2014

Application for approval of the Interstate Electrical Service Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Interstate Electrical Service Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interstate Electrical 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 of the Act 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 1 January 2015. The nominal expiry date of the Agreement is 23 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Interstate Electrical Service Pty Ltd, an electrical contracting business, sought approval of its 2014 Single Enterprise Agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and was fair and reasonable for the employees covered by the agreement. The dispute arose as some employees argued that the agreement did not adequately address their entitlements and conditions.

The primary legal issues before the Commission were whether the agreement was a "single enterprise agreement" as defined by the Fair Work Act 2009, whether it met the requirements for an enterprise agreement under the Act, and whether it was fair and reasonable in all its terms. The Commission needed to assess whether the agreement appropriately covered a single enterprise and if it provided for a fair and reasonable terms of employment for the employees.

The Commission found that the agreement was a single enterprise agreement and satisfied the requirements of the Fair Work Act. It was concluded that the agreement appropriately covered all employees of Interstate Electrical Service Pty Ltd and that it contained provisions that were fair and reasonable in all its terms. The Commission noted that the agreement provided for appropriate wage rates, conditions of employment, and other matters, and that it did not disadvantage any employee or group of employees. The application for approval was accordingly granted.

Interstate Electrical Service Pty Ltd was granted approval of its 2014 Single Enterprise Agreement. The Commission's decision provides a useful example of the type of agreement that will be considered fair and reasonable by the Commission. The decision also highlights the importance of ensuring that an enterprise agreement adequately addresses the entitlements and conditions of all employees covered by the agreement.

Interstate Electrical 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