DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JCL Electric’s Pty Ltd
(AG2017/6414)

JCL ELECTRIC’S PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2018

Application for approval of the JCL Electric's Pty Limited Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the JCL Electric’s Pty Limited Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JCL Electric’s 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. 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.

[4] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 23 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, JCL Electric’s Pty Ltd sought approval of its proposed Single Enterprise Agreement 2017. The applicant, a company operating in the electrical contracting industry, argued that the agreement contained fair and reasonable terms for its employees. The dispute involved the application of specific wage rates, conditions concerning shift allowances, and provisions related to overtime and penalty rates.

The legal issues before the Commission centred on whether the proposed agreement met the 'better off overall test' as stipulated by the Fair Work Act 2009. This test required the Commission to determine if the proposed terms and conditions were at least as good as the existing ones or provided additional benefits to the employees. Additionally, the Commission had to assess whether the agreement was consistent with the National Employment Standards and the applicable award provisions.

After reviewing submissions from both the applicant and the relevant unions, the Commission found that the proposed agreement provided employees with improved conditions, including wage increases and enhanced shift allowances, which met the better off overall test. The Commission concluded that the agreement was fair and reasonable, and it approved the application. The Commission's decision was grounded in the evidence presented, which demonstrated that the proposed terms were more beneficial to the employees compared to the existing conditions.

The final orders included the approval of the JCL Electric’s Pty Ltd Single Enterprise Agreement 2017, effective from the date of the decision, ensuring that the new terms and conditions would govern the employment relationship between the company and its employees.

JCL Electric’s 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