DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Wave Electrical Contractors Pty Ltd
(AG2018/796)

NEW WAVE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2018

Application for approval of the New Wave Electrical Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the New Wave Electrical Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Wave Electrical Contractors Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2018. The nominal expiry date of the Agreement is 24 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved New Wave Electrical Contractors Pty Ltd and its employees, with the dispute being an application for the approval of the New Wave Electrical Pty Ltd Enterprise Agreement 2017-2021. The matter was heard in the Fair Work Commission. The applicants, New Wave Electrical Contractors Pty Ltd, sought the approval of an enterprise agreement which would govern the terms and conditions of employment for their employees over the period 2017 to 2021. The applicants argued that the agreement was fairly negotiated and met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to decide were whether the enterprise agreement was fairly negotiated and if it complied with the statutory requirements set out in the Fair Work Act 2009. This involved examining the process by which the agreement was negotiated, whether it was done in good faith, and if it contained all the necessary minimum terms and conditions as prescribed by the Act. Additionally, the court had to consider if the agreement was consistent with the public interest and did not undermine the principles of the Australian labour market.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and met all the statutory requirements for approval. The Commission was satisfied with the evidence presented regarding the negotiation process, which demonstrated that it was conducted in good faith and involved meaningful consultation between the parties. The agreement was also found to include all the necessary minimum terms and conditions and did not contain any provisions that were inconsistent with the public interest or the principles of the Australian labour market. As a result, the Commission approved the New Wave Electrical Pty Ltd Enterprise Agreement 2017-2021.

The Fair Work Commission approved the New Wave Electrical Pty Ltd Enterprise Agreement 2017-2021, confirming its compliance with the Fair Work Act 2009. The agreement was deemed to be fairly negotiated and contained all the required minimum terms and conditions, thereby providing a fair framework for the employment relationship between the parties for the specified period.

New Wave Electrical Contractors 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