DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

PM Electric Pty Ltd
(AG2019/1090)

PM ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 30 MAY 2019

Application for approval of the PM Electric Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the PM Electric Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PM Electric Pty Limited. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 28 May 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PM Electric Pty Ltd sought approval of a new enterprise agreement under the Fair Work Act 2009. The applicant argued the agreement was suitable for registration. The respondent opposed the application, contending the agreement did not meet the requirements under the Fair Work Act. The Fair Work Commission, acting in its capacity as the Fair Work Court, was tasked with determining the suitability of the proposed agreement.

The primary legal issue before the Commission was whether the Single Enterprise Agreement 2019 complied with the Fair Work Act, specifically sections 230 and 231. The respondent argued that the agreement failed to appropriately address certain matters such as employee entitlements and procedural fairness. The applicant contended that the agreement was in compliance and had been fairly negotiated. The Commission needed to assess the fairness and appropriateness of the agreement, including the negotiation process and the content of the agreement itself.

The Commission determined that the agreement was appropriate for approval. It found that the agreement had been negotiated in good faith and covered all required matters. The Commission emphasised that the agreement provided adequate terms and conditions for employees and included procedural fairness measures. The Commission rejected the respondent’s claims, finding no significant deficiencies that would render the agreement unsuitable for approval. Consequently, the application for approval of the agreement was upheld.

The Fair Work Commission approved the PM Electric Pty Ltd Single Enterprise Agreement 2019. The Commission ordered that the agreement be registered with the Fair Work Ombudsman, effective from the date of the decision. This registration would provide legal effect to the terms and conditions outlined in the agreement for the parties involved.

PM Electric 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