DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lowe Electrical Pty Ltd
(AG2016/6889)

LOWE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Lowe Electrical Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lowe Electrical Pty Ltd 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 Lowe Electrical Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 1 December 2016 and, in accordance with s.54, will operate from 8 December 2016. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Lowe Electrical Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Lowe Electrical and its employees. The applicants sought approval under section 233 of the Fair Work Act 2009. The agreement covered employees who were employed in the electrical trade, electricians, and electrical fitters, and was set to operate from 2016 to 2020. The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act, including whether it was in the best interests of the employees.

The Commission considered various factors, including the extent to which the agreement provided for the fair and equitable treatment of employees, and whether it provided for the protection of employees' interests. The Commission also examined whether the agreement was consistent with the Fair Work Act's objectives of promoting high levels of employment and economic performance. The Commission noted that the agreement provided for fair and equitable treatment of employees, and that it was consistent with the objectives of the Act. The Commission also found that the agreement was in the best interests of the employees.

After considering all of the evidence and submissions, the Commission approved the agreement. The Commission found that the agreement was fair and reasonable, and that it met the requirements of the Act. The Commission also found that the agreement was in the best interests of the employees, and that it would promote the objectives of the Act. The Commission made an order approving the agreement, which will now operate from 2016 to 2020.

Lowe Electrical 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