DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rawsons Electrical Pty Ltd
(AG2018/2487)

RAWSONS ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 19 SEPTEMBER 2018

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

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

[2] The matter was allocated to my Chambers on 12 September 2018.

[3] On 13 September 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaken in the required form dated 17 September 2018. The undertaking deals with the following topics:

• For the purposes of clause 32.1.2, which relates to shift workers, the Agreement is intended to refer to the Electrical, Electronic and Communications Award 2010 which defines a shift worker as a seven day shift worker who is regularly rostered to work on Sundays and public holidays.

• The first aid allowance is set at 2.1% of the employee’s standard weekly rate.

• The Agreement expiry date is 4 years from the date on which the Fair Work Commission approves the Agreement.

• For the purposes of clause 39.3, which relates to redundancy, the exclusion it is intended to reference is serious misconduct, not misconduct.

• In relation to apprentices, the employer confirmed that the classification table within the Agreement marked “Appendix A Schedule 1” is intended to apply to employees under the classification of apprentice without year 12.

• The employer provided the correct hourly pay rates for first year apprentices.

• The employer provided a classification table relating to other apprentices and trainees.

[5] A copy of the undertaking has been provided to the employee bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The employee bargaining representatives supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 26 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Rawsons Electrical Pty Ltd applied to the Fair Work Commission for the approval of a Single Enterprise Agreement (2018). The application was made by the employer, Rawsons Electrical, under section 180 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the proposed agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the agreement provided for a fair and efficient workplace, as required by section 180(1)(a) of the Fair Work Act. This involved assessing the terms of the agreement against criteria such as whether it provided for a minimum rate of pay and a fair workload, whether it included provisions for flexibility and productivity, and whether it ensured procedural fairness in the workplace. The Commission also had to consider whether the agreement was the product of genuine bargaining, as mandated by section 180(1)(b) of the Act.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. It determined that the agreement provided for a fair and efficient workplace, with appropriate provisions for minimum rates of pay, workload, flexibility, and productivity. The Commission also concluded that the agreement was the product of genuine bargaining between the parties. Therefore, it was approved under section 180 of the Fair Work Act.

The Fair Work Commission approved the Rawsons Electrical Pty Ltd Single Enterprise Agreement 2018. The decision was made on the basis that the agreement met the statutory requirements for approval, including providing for a fair and efficient workplace and being the product of genuine bargaining. The approval was effective from the date of the Commission's decision.

Rawsons Electrical 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