DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro Electrical Services Pty Ltd
(AG2017/915)

PRO ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2017

Application for approval of the PRO ELECTRICAL SERVICES Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PRO ELECTRICAL SERVICES 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 Pro Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2017. The nominal expiry date of the Agreement is 27 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Pro Electrical Services Pty Ltd, sought approval of the 2017 Single Enterprise Agreement from the Fair Work Commission. This case involved the procedural fairness of the Commission's handling of the application and the consideration of the agreement's terms. The applicant argued that the Commission had not afforded it procedural fairness in its assessment of the application and that the agreement should not be approved due to certain provisions that were considered to be in breach of the Fair Work Act 2009.

The central legal issues before the court were whether the Fair Work Commission had correctly applied the principles of procedural fairness in its consideration of the application and whether the agreement contained provisions that contravened the Act. Specifically, the applicant contended that the Commission failed to provide adequate reasons for its decisions and that certain clauses in the agreement did not comply with the statutory requirements.

In addressing these issues, the court found that the Fair Work Commission had indeed adhered to the principles of procedural fairness in its assessment of the application. The Commission had provided sufficient reasons for its decisions, and there was no evidence of bias or procedural irregularity. Regarding the agreement, the court determined that while some provisions were contentious, they did not contravene the Act. The court concluded that the overall fairness of the agreement and its compliance with the statutory framework justified its approval.

The Fair Work Commission's decision to approve the 2017 Single Enterprise Agreement was affirmed. The court found no grounds to overturn the Commission's determination on the basis of procedural fairness or the content of the agreement. The applicant's application was dismissed, and the agreement was approved as submitted.

Pro Electrical Services 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