DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Q Electrical Maintenance Pty Ltd T/A Image Efx Pty Ltd
(AG2018/6649)

Q ELECTRICAL MAINTENANCE PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 1 MARCH 2019

Application for approval of the Q Electrical Maintenance Pty Ltd Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Q Electrical Maintenance Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Q Electrical Maintenance Pty Ltd T/A Image Efx Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2019. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Q Electrical Maintenance Pty Ltd trading as Image Efx Pty Ltd, sought approval of the Q Electrical Maintenance Pty Ltd Single Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, led by Deputy President K R M Lee. The applicants, represented by Mr D S A Brown, aimed to secure the agreement's approval, while the respondent, Ms M J Evans, acting on behalf of the Electrical Trades Union of Australia, opposed the approval due to concerns about the agreement's fairness and compliance with relevant legislation.

The primary legal issue the Commission had to address was whether the terms of the Single Enterprise Agreement 2018 were fair and compliant with the Fair Work Act 2009. The Commission examined the agreement's provisions to determine if they met the criteria for being "fair and reasonable" as outlined in the Act. The Commission considered the bargaining power of the parties, the nature of the agreement, and its overall fairness, including the impact on the employees covered by the agreement.

The Commission found that the Single Enterprise Agreement 2018 was fair and reasonable, and therefore approved the agreement. Deputy President Lee concluded that the agreement was not only compliant with the statutory requirements but also represented a genuine attempt by the parties to reach a fair and reasonable agreement. The Commission was satisfied that the agreement was made in good faith and that it provided a fair and reasonable basis for resolving the employment-related matters covered by the agreement.

As a result of the decision, the Fair Work Commission approved the Q Electrical Maintenance Pty Ltd Single Enterprise Agreement 2018. The terms of the agreement will now apply to the employees covered by it, and the agreement will be binding on both the applicants and the employees. The Commission's decision provides certainty for the parties and ensures that the agreement is fair, reasonable, and compliant with the relevant legislation.

Q Electrical Maintenance Pty Ltd T/A Image Efx 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