DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Novocastrian Electrical Contractors Pty Ltd
(AG2017/4769)

NOVOCASTRIAN ELECTRICAL CONTRACTORS PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JANUARY 2018

Application for approval of the Novocastrian Electrical Contractors Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Novocastrian Electrical Contractors Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Novocastrian 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 17 January 2018. The nominal expiry date of the Agreement is 16 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Novocastrian Electrical Contractors Pty Ltd recently appeared before the Fair Work Commission to seek approval of their Single Enterprise Agreement 2017. The dispute involved the company's application for the endorsement of the agreement under the Fair Work Act 2009, which would then be registered with the Fair Work Commission. The legal issues before the Commission included whether the agreement complied with the statutory requirements and if it met the standards for good faith bargaining as mandated by the Fair Work Act.

The Commission examined the process of bargaining, the provisions of the agreement, and the extent to which it provided fair and reasonable terms for both employees and the employer. A significant aspect of the inquiry was whether the agreement had been made in good faith and if it contained the necessary minimum terms as prescribed by the Act. The Commission also assessed if there were any unfair provisions that could undermine the spirit of the legislation. After a thorough review, the Commission concluded that the agreement complied with all statutory requirements and was made in good faith, containing appropriate minimum terms.

The Commission approved the Novocastrian Electrical Contractors Pty Ltd Single Enterprise Agreement 2017, endorsing it for registration. The endorsement was based on the evidence presented that the bargaining process was genuine and that the terms of the agreement were fair and reasonable. This decision ensures that the agreement can now be registered and will govern the employment conditions of the parties involved.

Novocastrian 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