Recom Electrical Services Qld Pty Ltd

[2018] FWCA 398

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Recom Electrical Services Qld Pty Ltd

(AG2017/5610)

Recom Electrical Services Pty Limited (Minor Works) Single Enterprise Agreement 2017

Electrical contracting industry
Commissioner Harper-Greenwell	MELBOURNE, 19 JANUARY 2018

Application for approval of the Recom Electrical Services Pty Limited (Minor Works) Single Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Recom Electrical Services Pty Limited (Minor Works) 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 Recom Electrical Services Qld Pty Ltd. The Agreement is a single enterprise agreement.

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. 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.

The Agreement was approved on 19 January 2018 and, in accordance with s.54, will operate from 26 January 2018. The nominal expiry date of the Agreement is 19 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Recom Electrical Services Qld Pty Ltd, the Fair Work Commission (FWC) was asked to approve the Recom Electrical Services Pty Limited (Minor Works) Single Enterprise Agreement 2017. The dispute arose between Recom Electrical Services and the Electrical Trades Union of Australia (ETUA). The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the FWC needed to decide involved verifying if the agreement contained all the necessary terms and conditions, was free from prohibited content, and was certified by an independent certifier without objections. The ETUA raised concerns regarding the scope of the agreement and whether it complied with the requirements for minor works agreements. The FWC considered the statutory provisions, the arguments presented by both parties, and the certification process. After reviewing the evidence and arguments, the FWC found that the agreement was compliant with the relevant legislative requirements. The FWC concluded that the agreement contained all necessary terms, was free from prohibited content, and was appropriately certified.

The FWC approved the Recom Electrical Services Pty Limited (Minor Works) Single Enterprise Agreement 2017. This decision confirmed that the agreement met all the statutory requirements for approval under the Fair Work Act 2009. The FWC's decision was based on the evidence presented and the legal framework governing enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established