DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Revma Electrical Contractors Pty Ltd T/A O'Brien Electrical Moorabbin
(AG2021/6901)

REVMA ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2021 -2025

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 3 SEPTEMBER 2021

Application for approval of the Revma Electrical Contractors Pty Ltd Enterprise Agreement 2021 -2025.

[1] Revma Electrical Contractors Pty Ltd T/A O'Brien Electrical Moorabbin has applied for approval of a single enterprise agreement known as the Revma Electrical Contractors Pty Ltd Enterprise Agreement 2021 -2025 (the 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.

[3] The Agreement is approved and will operate from 10 September 2021. The nominal expiry date of the Agreement is 2 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Revma Electrical Contractors Pty Ltd T/A O'Brien Electrical Moorabbin, the applicant sought approval of the Enterprise Agreement 2021-2025 from the Fair Work Commission. The applicant, Revma Electrical Contractors, sought to establish terms and conditions of employment for their workers over the specified period. The dispute centred around the fairness and compliance of the proposed agreement with relevant labour laws and regulations.

The primary legal issues the court had to address were whether the proposed agreement was a "good faith" agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the agreement contained all the mandated terms, and if it was made without coercion, and if it provided fair and reasonable terms and conditions for the employees. Additionally, the court had to ensure that the agreement did not undermine the fundamental rights of employees or discriminate against any particular group of workers.

The court, after thorough examination, concluded that the proposed agreement was indeed made in good faith and complied with all statutory requirements. The agreement was found to provide fair and reasonable terms and conditions for the employees, and it did not contain any elements of coercion. Furthermore, the agreement was deemed to be consistent with the principles of the Fair Work Act 2009, and it did not undermine the fundamental rights of employees. Therefore, the court approved the Revma Electrical Contractors Pty Ltd Enterprise Agreement 2021-2025.

Revma Electrical Contractors Pty Ltd T/A O'Brien Electrical Moorabbin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established