DECISION

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

Jones & Gray Electrical Pty Ltd
(AG2014/8413)

JONES & GRAY ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 DECEMBER 2014

Application for approval of the Jones & Gray Electrical Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jones & Gray Electrical Pty Ltd Enterprise Agreement 2014 - 2017 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 23 December 2014. The nominal expiry date of the Agreement is 23 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jones & Gray Electrical Pty Ltd applied for approval of the Enterprise Agreement 2014-2017 with its employees. The applicants, Jones & Gray Electrical Pty Ltd, sought approval of the agreement under the Fair Work Act 2009, which allows for the direct registration of enterprise agreements if certain criteria are met. The legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act and whether it met the "better off overall test" (BOOT), ensuring that no party was worse off financially.

The Commission considered whether the agreement was made in good faith and whether it contained the required minimum terms and conditions. It also assessed whether the agreement was certified by a relevant independent person and whether it was made by a representative of the employees. Additionally, the Commission examined if the agreement contained the necessary BOOT provisions, which require that the agreement must not provide for terms and conditions that are less favourable than the applicable award or safety net minimum terms. The Commission found that the agreement was made in good faith, was certified, and contained the required minimum terms and conditions. It also concluded that the agreement met the BOOT, as it did not provide for terms and conditions less favourable than the applicable award or safety net minimum terms.

The Commission approved the agreement, finding it to be a lawful and fair agreement. The decision emphasised the importance of ensuring that all procedural requirements were met and that the agreement provided for terms and conditions that were at least as favourable as the applicable award or safety net minimum terms. The Commission's decision was based on the evidence presented and the legal framework provided by the Fair Work Act 2009. The approval of the agreement allows Jones & Gray Electrical Pty Ltd and its employees to operate under the terms of the Enterprise Agreement 2014-2017 for the specified period.

Jones & Gray Electrical 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