DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lorgren Pty Ltd
(AG2018/6734)

LORGREN PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Lorgren Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

[1] Application has been made for approval of a single enterprise agreement known as the Lorgren Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lorgren Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lorgren Pty Ltd, an employer in the electrical supply industry, sought approval of the Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 from the Fair Work Commission. The applicants, comprising various unions, opposed the approval of the agreement, arguing that it did not meet the requirements of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the primary judge being Commissioner Douglas.

The primary legal issue the court had to decide was whether the Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 complied with the statutory requirements for an enterprise agreement. This involved assessing whether the agreement had been made in good faith, whether it addressed the matters specified in the Fair Work Act 2009, and whether it met the "better off overall test." The court also had to consider whether the agreement provided for the proper administration of the agreement and whether it was appropriately certified.

The Fair Work Commission found that the Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 was made in good faith and addressed the matters specified in the Fair Work Act 2009. The court held that the agreement met the better off overall test and provided for the proper administration of the agreement. The commission was satisfied that the agreement had been appropriately certified. Consequently, the Fair Work Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

The Fair Work Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021, finding that it met the statutory requirements for an enterprise agreement. The court ordered that the agreement be registered and enforceable under the Fair Work Act 2009.

Lorgren 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