DECISION

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

JRC Electrical Services Pty Ltd
(AG2015/2308)

JRC ELECTRICAL SERVICES SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 APRIL 2015

Application for approval of the JRC Electrical Services Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the JRC Electrical Services Single Enterprise Agreement 2015 (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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 April 2015. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved JRC Electrical Services Pty Ltd, the respondent, and the Electrical Trades Union of Australia, the applicant. The dispute centred around the approval of the JRC Electrical Services Single Enterprise Agreement 2015. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, specifically whether it was a single enterprise agreement and whether it was fair and reasonable.

The central legal issues before the Commission were whether the agreement was genuinely a single enterprise agreement and if it complied with the various statutory requirements set out in the Fair Work Act. This included assessing the agreement's compliance with the mandatory provisions such as minimum wages, penalty rates, leave entitlements, and other conditions of employment. The Commission also had to determine if the agreement was fair and reasonable, considering the interests of both the employees and the employer.

In delivering its decision, the Commission examined the evidence and submissions presented by both parties. It concluded that the agreement was a genuine single enterprise agreement as it covered all employees within the defined enterprise. The Commission found that the agreement contained all the mandated provisions and met the requirements for approval under the Fair Work Act. It noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the business and the interests of both employers and employees.

The Fair Work Commission approved the JRC Electrical Services Single Enterprise Agreement 2015, finding it to be compliant with the statutory requirements and fair and reasonable. This decision ensures that the terms and conditions set out in the agreement are legally binding on both parties, providing a framework for the employment relationship moving forward.

JRC Electrical Services 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