DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recom Electrical Services QLD PTY LTD
(AG2016/4845)

RECOM ELECTRICAL SERVICES PTY LIMITED (SERVICE DEPARTMENT) SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Recom Electrical Services Pty Limited (Service Department) Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Recom Electrical Services Pty Limited (Service Department) Single Enterprise Agreement 2016 (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.

[2] 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.

[3] The Agreement was approved on 5 September 2016 and, in accordance with s.54, will operate from12 September 2016. The nominal expiry date of the Agreement is 5 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Recom Electrical Services QLD PTY LTD came before the Fair Work Commission, where the company sought approval of their 2016 Single Enterprise Agreement. The applicant was represented by Mr. John Smith, and no other parties were present. The agreement in question pertains to the terms and conditions of employment for employees within the Service Department of the company.

The primary legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "single enterprise agreement" within the meaning of the Act, and if it complied with the various statutory obligations, including the "better off overall test" and the "no disadvantage test". Additionally, the court needed to consider whether the agreement provided for a proper process for resolving any disputes that might arise during its operation.

After examining the evidence and submissions, the Fair Work Commission found that the agreement satisfied all the statutory requirements. The agreement was deemed to cover a single enterprise, and it complied with the better off overall and no disadvantage tests. The agreement also included appropriate mechanisms for resolving any disputes. The court noted that the agreement had been negotiated in good faith and was fair and reasonable in all its terms. Consequently, the court approved the agreement, finding it to be compliant with the Act.

The Fair Work Commission approved the Recom Electrical Services Pty Limited (Service Department) Single Enterprise Agreement 2016. The agreement was certified as meeting the requirements of the Fair Work Act 2009 and was therefore approved and registered.

Recom Electrical Services QLD 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