DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radlink Pty Ltd T/A Radlink Communications
(AG2016/1505)

RADLINK ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the Radlink Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Radlink Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Radlink Pty Ltd T/A Radlink Communications. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 24 June 2016 and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 24 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Radlink Pty Ltd, trading as Radlink Communications, applied to the Fair Work Commission for approval of the Radlink Enterprise Agreement 2016-2020. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for Radlink's employees. The Commission was tasked with determining whether the agreement met the requirements of the Act, including the "better off overall test" (BOOT), which mandates that employees should not be worse off financially as a result of the agreement.

The central legal issues for the Commission to address were whether the proposed enterprise agreement adequately satisfied the BOOT, and whether the agreement adhered to the procedural requirements outlined in the Fair Work Act. The Commission had to consider the financial implications of the agreement for employees, as well as the fairness of the terms and conditions proposed. Additionally, the Commission needed to ensure that the agreement was made in good faith and that the process of reaching the agreement was compliant with the legislative framework.

The Fair Work Commission examined the financial benefits and detriments for employees under the proposed agreement, comparing them to the existing conditions of employment. The Commission also considered the procedural fairness of the agreement process, including the extent of employee consultation and participation. After reviewing the evidence and submissions from both parties, the Commission concluded that the Radlink Enterprise Agreement 2016-2020 met the requirements of the Fair Work Act, including the BOOT. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission's final orders included the approval of the Radlink Enterprise Agreement 2016-2020, effective from the date of the decision. The Commission determined that the agreement was compliant with all relevant legislative provisions and that employees were not worse off financially. The agreement was to be implemented as per its terms, providing a framework for the employment conditions of Radlink's employees for the specified period.

Radlink Pty Ltd T/A Radlink Communications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established