DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moxstar Pty Ltd T/A Corfield’s Electrical Service
(AG2019/554)

MOXSTAR PTY LTD, TRADING AS CORFIELD’S ELECTRICAL SERVICE ENTERPRISE AGREEMENT – 2019 - 2021

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 MAY 2019

Application for approval of the Moxstar Pty Ltd, trading as Corfield’s Electrical Service Enterprise Agreement – 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Moxstar Pty Ltd, trading as Corfield’s Electrical Service Enterprise Agreement – 2019 - 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Moxstar Pty Ltd T/A Corfield’s Electrical Service (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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, 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 Agreement lodged contained cross referencing errors at clauses 20.5 and 23.1. On 22 May 2019, an amended version of the Agreement was filed with the Fair Work Commission correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2109. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Moxstar Pty Ltd, trading as Corfield’s Electrical Service, applied for the approval of their Enterprise Agreement (EA) for the period 2019 to 2021. The application was made under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the employees covered by the EA, including wages, hours of work, and other employment-related matters.

The legal issues the court was required to decide included whether the EA met the requirements for approval under the Fair Work Act, whether the agreement was genuinely negotiated, and if it provided for the fair and equitable treatment of employees. The court also had to assess if the EA complied with the "better off overall test" (BOOT) and if it addressed the needs and interests of both the employer and employees fairly. Additionally, the court examined whether the agreement contained all the prescribed terms and conditions and if it adhered to the relevant provisions of the Act.

The court found that the EA was genuinely negotiated between the parties and met the requirements for approval. The agreement provided for the fair and equitable treatment of employees, and it satisfied the BOOT. The court determined that the EA contained all the prescribed terms and conditions and complied with the relevant provisions of the Act. The agreement was found to address the needs and interests of both the employer and employees fairly.

The Fair Work Commission approved the Enterprise Agreement for the period 2019 to 2021, subject to the terms and conditions set out in the agreement. The approval was granted on the basis that the EA met all the legal requirements and provided for the fair and equitable treatment of employees.

Moxstar Pty Ltd T/A Corfield’s Electrical Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established