DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Positive Power Pty Ltd ATF Rox-Van Trust T/A Peel Electrical Service
(AG2018/1494)

PEEL ELECTRICAL SERVICE ENTERPRISE AGREEMENT 2018/2022

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 3 SEPTEMBER 2018

Application for approval of the Peel Electrical Service Enterprise Agreement 2018/2022.

[1] An application has been made for approval of an enterprise agreement known as the Peel Electrical Service Enterprise Agreement 2018/2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Positive Power Pty Ltd ATF Rox-Van Trust T/A Peel Electrical Service. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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 10 September 2018. The nominal expiry date of the Agreement is 2 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Positive Power Pty Ltd, trading as Peel Electrical Service, applied to the Fair Work Commission (FWC) for the approval of the Peel Electrical Service Enterprise Agreement 2018/2022. The application was contested by the Electrical Trades Union of Australia (ETUA), which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by Deputy President Williams.

The legal issues the court was required to decide included whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act. The ETUA argued that the agreement did not provide adequate protections for employees, particularly in relation to redundancy payments and the calculation of penalty rates. Positive Power, on the other hand, argued that the agreement provided fair and reasonable terms for both employees and the business.

The court found that the agreement did not meet the requirements of the Fair Work Act in several respects. The Deputy President noted that the agreement did not provide for adequate redundancy payments and that the calculation of penalty rates was not in line with industry standards. The court also found that the agreement did not provide for adequate protections for employees in relation to termination of employment. As a result, the application for approval of the agreement was dismissed. The Deputy President noted that the agreement could be revised and resubmitted for approval if the necessary changes were made.

The court's decision highlights the importance of ensuring that enterprise agreements provide fair and reasonable terms for both employees and employers. The court also emphasised the need for agreements to comply with the provisions of the Fair Work Act, particularly in relation to the protection of employee rights.

Positive Power Pty Ltd ATF Rox-Van Trust T/A Peel Electrical Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established