DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northside Electrical Contractors Pty Ltd
(AG2019/4497)

NORTHSIDE ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 17 DECEMBER 2019

Application for approval of the Northside Electrical Contractors Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Northside Electrical Contractors Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Northside Electrical Contractors 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. The undertakings are taken to be a term of 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 24 December 2019. The nominal expiry date of the Agreement is 16 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Northside Electrical Contractors Pty Ltd, the applicant, sought approval of the Northside Electrical Contractors Pty Ltd Enterprise Agreement 2019 - 2023. The application was contested by the Electrical Trades Union of Australia, the respondent. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was a simple, small or low paid enterprise agreement, and whether it complied with the requirements for good faith bargaining and coverage of the agreement.

The court was tasked with determining whether the agreement was appropriately classified as a low paid enterprise agreement and whether the applicant had demonstrated good faith in the bargaining process. Additionally, the court examined whether the agreement's coverage was appropriate, and if it provided adequate protections and terms for the employees.

In its decision, the Fair Work Commission found that the agreement was appropriately classified as a low paid enterprise agreement. The Commission concluded that the applicant had acted in good faith during the bargaining process. Furthermore, the coverage of the agreement was deemed appropriate, and it provided adequate protections and terms for the employees. Consequently, the Commission approved the application and granted the requested certification.

The Fair Work Commission ordered that the Northside Electrical Contractors Pty Ltd Enterprise Agreement 2019 - 2023 be certified as a low paid enterprise agreement, effective from the date of the decision. The agreement was to apply to all employees of the applicant who were party to the agreement, and it was to remain in force until the end of the specified period or until terminated in accordance with the agreement or the Fair Work Act 2009.

Northside 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