DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nagpar Pastoral and Management Company Pty Ltd T/A Valley Wide Electrical
(AG2016/7539)

VALLEY WIDE ELECTRICAL ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Valley Wide Electrical Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Valley Wide Electrical Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nagpar Pastoral and Management Company Pty Ltd T/A Valley Wide Electrical. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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. 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.

[4] The Agreement was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 25 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nagpar Pastoral and Management Company Pty Ltd, trading as Valley Wide Electrical, applied for approval of the Valley Wide Electrical Enterprise Agreement 2016. The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement was appropriately certified and met all legal requirements for approval.

The court was required to determine if the agreement was fairly made and included appropriate provisions for the employees’ terms and conditions of employment. This involved examining whether the certification process adhered to statutory requirements and if the agreement contained the necessary minimum terms as stipulated by the Act. Additionally, the court assessed whether the agreement was made in good faith and whether it appropriately balanced the interests of both employers and employees.

The court examined the certification process and found that it was conducted properly and in accordance with the legislative requirements. It was determined that the agreement was fairly made and contained the required minimum terms. The court also concluded that the agreement was made in good faith and appropriately balanced the interests of both parties. Accordingly, the court approved the application for the agreement's registration.

The final orders included the approval and registration of the Valley Wide Electrical Enterprise Agreement 2016, affirming its validity and enforceability under the Fair Work Act 2009.

Nagpar Pastoral and Management Company Pty Ltd T/A Valley Wide Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established