DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association Northern Territory
(AG2016/5970)

CCD ELECTRICAL PTY LTD & EMPLOYEE COLLECTIVE AGREEMENT 2016-2020

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 25 NOVEMBER 2016

Application for approval of the CCD Electrical Pty Ltd & Employee Collective Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the CCD Electrical Pty Ltd & Employee Collective 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 Master Builders Association Northern Territory. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2016. The nominal expiry date of the Agreement is 24 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the CCD Electrical Pty Ltd & Employee Collective Agreement 2016-2020. The applicant, Master Builders Association Northern Territory, sought the approval of the agreement as a modern award. The respondents, represented by the Electrical Trades Union of Australia, contested the application, raising concerns about the fairness and adequacy of the agreement. The Commission had to determine whether the agreement met the necessary criteria for approval as a modern award.

The central legal issue before the Commission was whether the collective agreement satisfied the requirements set out in section 232 of the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was in the public interest. The Commission needed to consider the balance of rights and obligations between the employer and employees, as well as the impact on the broader workforce.

The Fair Work Commission found that the collective agreement largely met the requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions for employees and was in the public interest. The Commission noted that the agreement included provisions for wages, hours of work, and other employment conditions that were consistent with the principles of the Fair Work Act. The Commission also considered the process by which the agreement was negotiated and the level of consultation between the parties. Ultimately, the Commission was satisfied that the agreement provided an appropriate framework for the employment relationship and would benefit the employees covered by it.

The Fair Work Commission approved the CCD Electrical Pty Ltd & Employee Collective Agreement 2016-2020 as a modern award. The decision was made on the basis that the agreement met the necessary criteria for approval and was in the public interest. The Commission's approval of the agreement provides a framework for the employment relationship between CCD Electrical Pty Ltd and its employees, and sets out the terms and conditions of employment for the period of the agreement.

Master Builders Association Northern Territory

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established