DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RIC Electrics Pty Limited T/A RIC Electrics
(AG2018/4803)

RIC ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JANUARY 2019

Application for approval of the RIC Electrics Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RIC Electrics Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RIC Electrics Pty Limited T/A RIC Electrics. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 29 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, RIC Electrics Pty Limited trading as RIC Electrics, applied to the Fair Work Commission for approval of the RIC Electrics Pty Ltd Enterprise Agreement 2018. The Fair Work Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The applicant sought to have the agreement certified as a single interest, low paid enterprise agreement.

The primary issue before the Commission was whether the agreement met the "single interest" requirement, which mandates that the agreement must be made by employers and employees who have a single common interest, and that the agreement must be in the best interests of the employees. The Commission had to determine whether the employees of RIC Electrics had a single common interest and if the agreement was in their best interests. The Commission also had to consider whether the agreement complied with the provisions of the Fair Work Act and Regulations.

The Commission found that the employees of RIC Electrics had a single common interest as they were all employed by the same employer and were covered by the same agreement. The Commission also found that the agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission was satisfied that the agreement met all the requirements of the Fair Work Act and Regulations.

Accordingly, the Commission approved the RIC Electrics Pty Ltd Enterprise Agreement 2018. The agreement was registered on the Register of Approved Enterprise Agreements, and the employer was required to give a copy of the agreement to each employee covered by the agreement.

RIC Electrics Pty Limited T/A RIC Electrics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established