DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Powerlink Solutions Pty Ltd T/A Powerlink
(AG2018/102)

POWERLINK SOLUTIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MARCH 2018

Application for approval of the Powerlink Solutions Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Powerlink Solutions Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Powerlink Solutions Pty Ltd T/A Powerlink. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 1 March 2018 and, in accordance with s.54, will operate from 8 March 2018. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Powerlink Solutions Pty Ltd, trading as Powerlink, applied to the Fair Work Commission for approval of the Powerlink Solutions Pty Ltd Single Enterprise Agreement 2017. The dispute arose from the negotiation and approval of the enterprise agreement under the Fair Work Act 2009. The application was heard by Commissioner Smith in the Commission's Melbourne office.

The legal issues before the court included whether the agreement met the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must be in writing, provide for the resolution of disputes, and address terms and conditions of employment. The court also had to consider whether the agreement was made in good faith and whether it met the "better off overall test" as required by section 186 of the Act.

Commissioner Smith examined the negotiation process and the content of the agreement, determining that the agreement was made in good faith and contained all the necessary terms. The Commissioner found that the agreement met the "better off overall test" as it provided for fair compensation and working conditions for the employees. The Commissioner approved the agreement under section 231 of the Fair Work Act.

In conclusion, the Fair Work Commission approved the Powerlink Solutions Pty Ltd Single Enterprise Agreement 2017, confirming its compliance with the statutory requirements of the Fair Work Act. The approval ensures that the agreement will govern the employment conditions of the relevant employees, providing a framework for their terms and conditions of employment.

Powerlink Solutions Pty Ltd T/A Powerlink

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established