DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OPG Electrical Pty Ltd T/A Malbec Earthing
(AG2018/789)

OPG ELECTRICAL PTY LTD (T.AS MALBEC EARTHING) SINGLE ENTERPRISE BARGAINING AGREEMENT 2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2018

Application for approval of the OPG Electrical Pty Ltd (t.as Malbec Earthing) Single Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the OPG Electrical Pty Ltd (t.as Malbec Earthing) Single Enterprise Bargaining 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 OPG Electrical Pty Ltd T/A Malbec Earthing. 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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, OPG Electrical Pty Ltd, trading as Malbec Earthing, brought an application for the approval of the Single Enterprise Bargaining Agreement 2018. The respondent to the application was the Electrical Trades Union of Australia. The dispute centred on whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009, particularly focusing on the agreement's compliance with the good faith bargaining provisions and its alignment with the national system of industrial determination. The Commission was required to determine if the agreement was in the best interests of the employees and if it provided a fair and effective means of resolving workplace issues.

The legal issues before the Commission included whether the proposed agreement had been negotiated in good faith and whether it provided for the fair and effective resolution of workplace issues. The Commission considered the evidence provided by both parties regarding the negotiation process and the content of the agreement. The Electrical Trades Union of Australia argued that the agreement did not meet the requirements of the Fair Work Act, while OPG Electrical Pty Ltd asserted that the agreement was the product of good faith bargaining and was in the best interests of the employees. The Commission examined the bargaining process, the content of the agreement, and its implications for the employees.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement had been negotiated in good faith and contained provisions that were fair and effective in resolving workplace issues. The Commission noted that the agreement provided for a fair process for resolving disputes, included provisions for consultation and communication, and provided for the protection of employees' rights and interests. The Commission concluded that the proposed agreement met the necessary requirements for approval under the Fair Work Act and approved the Single Enterprise Bargaining Agreement 2018. The Commission's decision was based on the evidence presented and its assessment of the agreement's compliance with the relevant legislative provisions.

The final orders of the Commission included the approval of the Single Enterprise Bargaining Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of OPG Electrical Pty Ltd, trading as Malbec Earthing. The Commission's decision provided clarity and certainty for both parties and ensured that the agreement was in the best interests of the employees. The Commission's approval of the agreement marked the resolution of the dispute and provided a framework for the resolution of future workplace issues.

OPG Electrical Pty Ltd T/A Malbec Earthing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established