DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PHE Pty Ltd T/A Pat Hogan Electrics
(AG2016/5042)

PHE PTY LIMITED - NATIONAL - SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the PHE Pty Limited - National - Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PHE Pty Limited - National - 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 PHE Pty Ltd T/As Pat Hogan Electrics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 20 September 2016. The nominal expiry date of the Agreement is 22 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

PHE Pty Ltd T/A Pat Hogan Electrics was the subject of an application to the Fair Work Commission for the approval of the PHE Pty Limited - National - Single Enterprise Agreement 2016. The applicant, PHE Pty Ltd, sought to have the agreement, which contained terms and conditions of employment for its employees, approved and registered. The dispute arose as the applicant claimed that the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, and whether it was made in good faith. Specifically, the court had to consider if the agreement had been fairly negotiated and if it contained terms that were in line with the provisions of the Act. Additionally, the court examined whether the agreement adequately protected the rights of employees and if it met the standards of procedural fairness.

The Fair Work Commission found that the agreement complied with all the necessary requirements. The court noted that the agreement had been negotiated in good faith and that it contained terms that were fair and reasonable. The agreement met the standards of procedural fairness as it had been discussed with the employees and their representatives. Furthermore, the court was satisfied that the agreement provided adequate protection for the employees' rights and met the substantive requirements of the Fair Work Act.

The Fair Work Commission approved the PHE Pty Limited - National - Single Enterprise Agreement 2016 and ordered it to be registered. The court emphasised the importance of fair and reasonable agreements that are negotiated in good faith and that meet the statutory requirements. The approval of the agreement ensures that the terms and conditions of employment are clear and that both the employer and employees are protected under the Fair Work Act.

PHE Pty Ltd T/A Pat Hogan Electrics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established