| [2018] FWCA 1050 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
P&N Electrical (Qld) Pty Ltd T/A Rolray Electrical
(AG2017/4745)
P&N Electrical (Qld) Pty Ltd t/a Rolray Electrical Single Enterprise Agreement 2017
| Electrical contracting industry | |
| Deputy President Masson | MELBOURNE, 16 FEBRUARY 2018 |
Application for approval of the P&N Electrical (Qld) Pty Ltd t/a Rolray Electrical Single Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the P&N Electrical (Qld) Pty Ltd t/a Rolray Electrical 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 P&N Electrical (Qld) Pty Ltd T/A Rolray Electrical. The Agreement is a single enterprise agreement.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2018. The nominal expiry date of the Agreement is 15 February 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE427380 PR600501>
ANNEXURE A
- AGLC
- P&N Electrical (Qld) Pty Ltd T/A Rolray Electrical [2018] FWCA 1050
- Case
- [2018] FWCA 1050
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were whether the proposed agreement was a genuine single enterprise agreement, whether it met the requirements of the Fair Work Act, and whether it provided fair and reasonable terms for the employees. Specifically, the court examined whether the agreement covered a single enterprise, whether the agreement had been made without coercion, and whether it included minimum terms and conditions as mandated by the Act. Additionally, the court considered whether the agreement provided adequate protections and benefits to employees, including provisions for wages, leave, and other employment-related matters.
The Fair Work Commission evaluated the application based on the criteria set out in the Fair Work Act. It determined that the proposed agreement was a genuine single enterprise agreement, as it covered employees within a single enterprise and was made without coercion. The agreement included all the mandated minimum terms and conditions, and provided fair and reasonable terms for the employees. The Commission noted that the agreement included provisions for wages, leave, and other employment-related matters that were consistent with the Act's requirements. The Commission concluded that the agreement met all the necessary legal standards and approved it.
The Fair Work Commission approved the Single Enterprise Agreement 2017 for P&N Electrical (Qld) Pty Ltd, trading as Rolray Electrical, effective from the date of the decision. The court's decision was based on the findings that the agreement was genuine, covered a single enterprise, included the mandated minimum terms and conditions, and provided fair and reasonable terms for the employees. The Commission's approval allowed the agreement to be implemented, providing a clear framework for the employment relationship between P&N Electrical and its employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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