DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Network Electrical Solutions Pty Ltd
(AG2018/1365)

NETWORK ELECTRICAL SOLUTIONS PTY LIMITED ENTERPRISE AGREEMENT 2018

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the Network Electrical Solutions Pty Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Network Electrical Solutions Pty Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Network Electrical Solutions Pty Ltd. 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 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] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2018. The nominal expiry date of the Agreement is 9 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Network Electrical Solutions Pty Ltd recently brought an application before the Fair Work Commission concerning the approval of the Network Electrical Solutions Pty Limited Enterprise Agreement 2018. The application aimed to secure the Fair Work Commission's endorsement of the agreement, which was proposed to regulate the employment terms and conditions for a specified group of employees within the company.

The legal issues presented required the Commission to determine whether the agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the criteria for coverage, was made in good faith, and provided for minimum terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was in the public interest.

In delivering its decision, the Commission evaluated the evidence presented, focusing on the process through which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was negotiated in good faith and that it provided for the minimum terms and conditions as required by the Act. The Commission also concluded that the agreement was in the public interest. Based on these findings, the Commission approved the agreement, confirming its validity and enforceability under the Act.

The Fair Work Commission approved the Network Electrical Solutions Pty Limited Enterprise Agreement 2018, thereby endorsing it as a lawful and binding agreement for the specified group of employees. This decision effectively establishes the terms and conditions of employment as outlined in the agreement, subject to the statutory requirements and protections provided by the Fair Work Act 2009.

Network Electrical Solutions 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