DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leahy’s Electrical Contracting Pty Ltd T/A Leahy’s Electrical Services
(AG2016/6011)

LEAHY’S ELECTRICAL CONTRACTING ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Leahy’s Electrical Contracting Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Leahy’s Electrical Contracting 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 Leahy’s Electrical Contracting Pty Ltd T/As Leahy’s Electrical Services. 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 19 October 2016. The nominal expiry date of the Agreement is 18 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

Leahy’s Electrical Contracting Pty Ltd T/A Leahy’s Electrical Services, an electrical contractor, applied for approval of its Enterprise Agreement 2016-2020 with its employees. The application was made to the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The company sought to finalise its terms of employment with its staff, ensuring compliance with Australian labour laws.

The legal issues before the Commission were primarily whether the agreement met the requirements set out in the Fair Work Act, particularly focusing on whether it was free from prohibited content, provided for procedural fairness, and complied with the good faith bargaining provisions. The Commission examined whether the agreement's terms were reasonable in all aspects, including pay and conditions, to ensure fairness and to protect the interests of both the employer and employees.

The Commission found that the Leahy’s Electrical Contracting Enterprise Agreement 2016-2020 was largely compliant with the Fair Work Act. The agreement was deemed to be free from prohibited content, procedurally fair, and a product of good faith bargaining. The Commission also noted that the terms of the agreement, including pay rates and conditions of employment, were reasonable given the context of the industry and the economic environment. Consequently, the Commission approved the agreement, finding it met all necessary legal standards.

In conclusion, the Fair Work Commission approved the Leahy’s Electrical Contracting Enterprise Agreement 2016-2020. The Commission’s decision was based on its findings that the agreement was free from prohibited content, provided for procedural fairness, and was a product of good faith bargaining. The terms of the agreement were considered reasonable, thereby satisfying the requirements of the Fair Work Act.

Leahy’s Electrical Contracting Pty Ltd T/A Leahy’s Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established