DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PBL Electrical Contracting Pty Ltd
(AG2017/3927)

PBL ELECTRICAL CONTRACTING PTY LTD MINOR WORKS ENTERPRISE BARGAINING AGREEMENT 2017

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 13 OCTOBER 2017

Application for approval of the PBL Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PBL Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining 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 PBL Electrical Contracting 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 20 October 2017. The nominal expiry date of the Agreement is 12 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by PBL Electrical Contracting Pty Ltd, seeking approval of the PBL Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining Agreement 2017. The application was opposed by the Electrical Trades Union of Australia. The dispute centred on the terms and conditions outlined in the proposed enterprise bargaining agreement, particularly concerning the classification and wages of employees within the minor works electrical contracting industry. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement contained terms that were procedurally and substantively compliant with the statutory requirements. Procedurally, the Commission had to consider if the bargaining process adhered to the necessary steps, including proper representation and consultation with the employees. Substantively, the Commission had to evaluate whether the agreement's terms were fair and reasonable, particularly in relation to wage rates, classification, and other employment conditions. The opposition raised concerns that the agreement did not adequately protect the rights and interests of the employees.

In delivering its decision, the Commission assessed the evidence and arguments presented by both parties. It found that the bargaining process had been conducted in accordance with the legal requirements, with appropriate representation and consultation taking place. The Commission also determined that the terms of the proposed agreement were fair and reasonable, taking into account the specific circumstances of the minor works electrical contracting industry. The Commission concluded that the agreement did not disadvantage the employees and provided for adequate protections and benefits. Therefore, the application for approval was granted.

The Fair Work Commission approved the PBL Electrical Contracting Pty Ltd Minor Works Enterprise Bargaining Agreement 2017, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission and will apply to the relevant employees and employers within the minor works electrical contracting industry.

PBL Electrical Contracting 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