DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JGP Electrical CQ Pty Ltd
(AG2016/6714)

JGP ELECTRICAL CQ PTY LTD (NORTHERN REGION) ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the JGP Electrical CQ Pty Ltd (Northern Region) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the JGP Electrical CQ Pty Ltd (Northern Region) Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JGP Electrical CQ 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 29 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, JGP Electrical CQ Pty Ltd, sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The applicant's employees, represented by the Electrical Trades Union of Australia, objected to the proposed agreement, arguing that it failed to provide adequate protections and benefits.

The central legal issues before the Commission were whether the agreement met the "better off overall test" and whether it complied with relevant provisions of the Fair Work Act. The Commission had to assess whether the agreement provided employees with a fair balance of rights and obligations and if it contained any unfair provisions that might undermine the agreement's overall fairness.

In reaching its decision, the Commission considered the evidence presented by both parties. It examined the terms of the proposed agreement, the context of the industry, and the impact of the agreement on the employees. The Commission determined that the agreement did meet the better off overall test, as it provided employees with a fair balance of rights and obligations, and no unfair provisions were present. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the JGP Electrical CQ Pty Ltd (Northern Region) Enterprise Agreement 2016-2020, finding it met the better off overall test and did not contain any unfair provisions.

JGP Electrical CQ 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