DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Hayes Electrical Trust T/A Hayespower Electrics Pty Ltd
(AG2017/1225)

HAYESPOWER ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2017-2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2017

Application for approval of the Hayespower Electrics Pty Ltd Single Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hayespower Electrics Pty Ltd Single Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paul Hayes Electrical Trust T/A Hayespower Electrics 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2017. The nominal expiry date of the Agreement is 28 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission concerned the application for approval of the Hayespower Electrics Pty Ltd Single Enterprise Agreement 2017-2020. The parties involved were Paul Hayes Electrical Trust trading as Hayespower Electrics Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a simple, fair, and portable agreement. This required the Commission to consider various aspects, including the fairness of the terms, whether the agreement facilitated the portability of employee benefits, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also needed to ensure that the agreement did not adversely affect the employees' rights and entitlements.

The Commission found that the agreement was largely consistent with the requirements of the Fair Work Act. It noted that the agreement contained provisions that were beneficial to both parties, including provisions for employee training, wage progression, and dispute resolution mechanisms. The Commission further determined that the agreement did not unjustifiably disadvantage the employees and provided sufficient portability of employee benefits. Therefore, the Commission approved the application for the agreement, finding that it met the necessary criteria under the Fair Work Act.

The final orders of the Commission were that the Hayespower Electrics Pty Ltd Single Enterprise Agreement 2017-2020 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with the terms of the agreement. The decision underscored the importance of balancing the interests of employers and employees while ensuring that the agreement adhered to the legislative framework.

Paul Hayes Electrical Trust T/A Hayespower Electrics 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