DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Phase 4 Electrical and Data Pty Ltd
(AG2016/5930)

PHASE 4 ELECTRICAL AND DATA PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 4 NOVEMBER 2016

Application for approval of the Phase 4 Electrical and Data Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Phase 4 Electrical and Data Pty Ltd Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Phase 4 Electrical and Data 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 11 November 2016. The nominal expiry date of the Agreement is 3 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Phase 4 Electrical and Data Pty Ltd sought approval of a single enterprise agreement. The dispute involved the terms and conditions of employment for the company's employees. The company aimed to have the agreement recognised to formalise the employment terms for its workforce.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding minimum entitlements, procedural fairness, and whether it had been genuinely agreed upon by the employees and the employer. The Commission needed to assess if the agreement met the statutory requirements for approval and if it provided fair and reasonable terms for the employees.

The Commission found that the agreement was procedurally sound, having been negotiated in good faith, and that it did not disadvantage the employees. The agreement was deemed to provide fair and reasonable terms, and it complied with the statutory requirements for approval. The Commission approved the single enterprise agreement, recognising it as a binding award.

The final order was that the Phase 4 Electrical and Data Pty Ltd Single Enterprise Agreement 2016 be approved and registered as a certified agreement under the Fair Work Act 2009.

Phase 4 Electrical and Data 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