DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Era Electrical Services (AUS) Pty Limited T/A New Era Electrical Services (AUS) Pty Limited
(AG2020/1583)

NEW ERA ELECTRICAL SERVICES (AUS) PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 JUNE 2020

Application for approval of the New Era Electrical Services (AUS) Pty Limited Single Enterprise Agreement 2020.

[1] New Era Electrical Services (AUS) Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the New Era Electrical Services (AUS) Pty Limited Single Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] I observe that clause 9.1.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.11 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 29 June 2020 and, in accordance with s 54, will operate from 6 July 2020. The nominal expiry date of the Agreement is 29 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, New Era Electrical Services (AUS) Pty Limited, trading as New Era Electrical Services (AUS) Pty Limited, sought approval of the New Era Electrical Services (AUS) Pty Limited Single Enterprise Agreement 2020 from the Fair Work Commission. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009 (Cth). The dispute primarily revolved around whether the agreement complied with the statutory requirements of the Act, including the need to ensure that the agreement provides for the protection of employees' rights and entitlements.

The key legal issues the court was required to decide were whether the agreement met the necessary criteria for approval under the Act. Specifically, the court had to determine if the agreement was in writing, if it contained the required terms and conditions, and if it complied with the procedural requirements for the approval of enterprise agreements. The court also needed to consider whether the agreement was made in good faith and whether it provided for the protection of employees' rights and entitlements.

The court found that the agreement did meet the necessary criteria for approval under the Act. The court examined the agreement in detail, confirming that it was in writing and contained the required terms and conditions. The court also found that the agreement was made in good faith and provided for the protection of employees' rights and entitlements. Furthermore, the court determined that the procedural requirements for the approval of enterprise agreements had been followed. Based on these findings, the court approved the New Era Electrical Services (AUS) Pty Limited Single Enterprise Agreement 2020.

The court's final orders were that the New Era Electrical Services (AUS) Pty Limited Single Enterprise Agreement 2020 be approved, effective from the date of the decision. This approval allows the agreement to be registered and enforced under the Fair Work Act 2009 (Cth). The court's decision ensures that the agreement will govern the employment conditions of the employees covered by the agreement, subject to the terms and conditions set out in the approved agreement.

New Era Electrical Services (AUS) Pty Limited T/A New Era Electrical Services (AUS) Pty Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established