DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laser Electrical Springvale Pty Ltd T/A Laser Electrical Springvale
(AG2016/4415)

LASER ELECTRICAL SPRINGVALE ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Laser Electrical Springvale Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Laser Electrical Springvale 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 Laser Electrical Springvale Pty Ltd T/A Laser Electrical Springvale. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 7 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Laser Electrical Springvale Pty Ltd, trading as Laser Electrical Springvale, applied for approval of the Laser Electrical Springvale Enterprise Agreement 2016 - 2020 under section 176 of the Fair Work Act 2009. The Fair Work Commission heard the application and was required to determine whether the agreement met the requirements for registration under the Act. The applicant argued that the agreement was a genuine enterprise agreement and was fairly negotiated.

The Commission identified two key issues: whether the agreement was a genuine enterprise agreement and whether it was fairly negotiated. The Commission considered whether the agreement was made in good faith and whether it was negotiated in a manner that was free from coercion, undue influence, or other unfair practices. The Commission also examined the scope and content of the agreement, including the terms and conditions of employment, to determine whether they were reasonable and appropriate for the enterprise.

After reviewing the evidence and submissions from both parties, the Commission found that the Laser Electrical Springvale Enterprise Agreement 2016 - 2020 was a genuine enterprise agreement and was fairly negotiated. The Commission noted that the agreement was made in good faith and was not the result of any coercion, undue influence, or other unfair practices. The Commission also found that the terms and conditions of the agreement were reasonable and appropriate for the enterprise, and that the agreement provided for a fair and reasonable resolution of the issues between the parties.

Accordingly, the Commission approved the agreement, and it is now registered under the Fair Work Act 2009. The agreement will apply to the employees of Laser Electrical Springvale and will govern their terms and conditions of employment for the period from 1 July 2016 to 30 June 2020.

Laser Electrical Springvale Pty Ltd T/A Laser Electrical Springvale

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established