DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Logical Electrical Solutions Pty Ltd
(AG2021/5731)

LOGICAL ELECTRICAL SOLUTIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 JULY 2021

Application for approval of the Logical Electrical Solutions Pty Ltd Single Enterprise Agreement 2021.

[1] Logical Electrical Solutions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Logical Electrical Solutions Pty Ltd Single Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The copy of the Notice of Employee Representational Rights (NERR) provided to employees incorrectly states that the Agreement is proposed to cover electrical tradespersons, however the classification structure at Schedule A of the Agreement provides that the Agreement covers electrical workers. The Employer provided submissions as to this error on 5 July 2021. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[4] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 7 July 2021 and, in accordance with s 54, will operate from 14 July 2021. The nominal expiry date of the Agreement is 7 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWCFB 318

CaseChat Overview and Summary

Logical Electrical Solutions Pty Ltd applied to the Fair Work Commission for approval of a Single Enterprise Agreement. The applicant is an electrical contractor based in Melbourne, and the dispute concerns the terms and conditions of employment for its employees. The matter was heard by the Fair Work Commission, the tribunal established under the Fair Work Act 2009 to oversee workplace relations and employment issues.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. This involved examining the agreement’s provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission had to ensure that the agreement did not disadvantage employees and complied with the provisions of the Fair Work Act, including minimum standards set out in the National Employment Standards.

The Commission found that the proposed agreement met the statutory requirements and provided fair and reasonable terms and conditions of employment. The Commission noted that the agreement incorporated the National Minimum Wage and provided for appropriate leave entitlements and other benefits. The Commission was satisfied that the agreement was not likely to have an adverse effect on the employees and that it was fair and reasonable in all its terms. Therefore, the Commission approved the Single Enterprise Agreement under section 231 of the Fair Work Act.

The Fair Work Commission approved the Logical Electrical Solutions Pty Ltd Single Enterprise Agreement 2021, effective from the date of the decision. The agreement now governs the employment conditions of the applicant's employees, and it is to be registered with the Fair Work Ombudsman.

Logical Electrical Solutions 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