DECISION

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

John Lovegrove and Co Pty Ltd T/A Lovegrove Electrical
(AG2019/1852)

LEFAUS (ELECTRICAL AND FUEL AUSTRALIA) ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the LEFAUS (Electrical and Fuel Australia) Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the LEFAUS (Electrical and Fuel Australia) Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Lovegrove Co Pty Ltd T/A Lovegrove Electrical. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 24 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, John Lovegrove and Co Pty Ltd trading as Lovegrove Electrical, applied to the Fair Work Commission for approval of the Electrical and Fuel Australia (EFAUS) Enterprise Agreement 2019-2023. The application was made under the Fair Work Act 2009, and the applicant sought to have the agreement registered as a registered agreement, effective from 1 April 2019. The application was opposed by the Electrical Trades Union of Australia (ETUA), which argued that the agreement did not meet the "better off overall test" under section 233 of the Act.

The central legal issue before the Commission was whether the agreement met the requirements of section 233 of the Act, which mandates that a proposed enterprise agreement must be approved if it is satisfied that the agreement will be "better off overall for the employees to whom it would apply." The ETUA contended that the agreement did not meet this threshold as it failed to provide adequate protections for employees and did not offer sufficient benefits compared to the existing conditions of employment. The applicant, on the other hand, argued that the agreement was fair and reasonable and provided adequate protections and benefits to the employees.

The Commission considered the evidence and submissions from both parties and examined the provisions of the agreement in detail. The Commission found that the agreement met the requirements of the "better off overall test" and that it provided adequate protections and benefits to the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement provided for adequate protections for employees in the event of termination of employment and provided for adequate consultation and communication mechanisms. Based on these findings, the Commission approved the agreement as a registered agreement, effective from 1 April 2019.

John Lovegrove and Co Pty Ltd T/A Lovegrove Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established