DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Power ME Pty Ltd
(AG2016/5236)

POWER ME PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2016

Application for approval of the Power ME Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Power ME 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 Power ME Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2016. The nominal expiry date of the Agreement is 21 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Power ME Pty Ltd applied for approval of the Power ME Pty Ltd Single Enterprise Agreement 2016. The application was made under the Fair Work Act 2009, and the respondents were the relevant trade unions. The dispute involved the terms and conditions of employment for the employees covered by the proposed agreement. The primary concern was whether the agreement met the legal requirements for approval, including compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable process for resolving disputes between employees and the employer, and whether it contained all the mandatory terms prescribed by the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable process for the employer to make changes to the terms and conditions of employment. The unions argued that the proposed agreement did not adequately protect employee rights and failed to comply with certain provisions of the Act.

The Commission found that the proposed agreement was compliant with the mandatory requirements of the Fair Work Act and provided for a fair and reasonable process for resolving disputes and for the employer to make changes to the terms and conditions of employment. The Commission also noted that the agreement contained all the necessary provisions for it to be approved. Consequently, the application for approval of the Power ME Pty Ltd Single Enterprise Agreement 2016 was approved.

The Fair Work Commission approved the Power ME Pty Ltd Single Enterprise Agreement 2016, effective from 1 July 2016. The agreement was to apply to the employees covered by the application, and the terms and conditions set out in the agreement were to govern the employment relationship between the employer and the employees. The approval of the agreement marked the resolution of the dispute between the parties, ensuring that the terms and conditions of employment were legally compliant and fair.

Power ME 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