DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Right Price Electrics Pty Ltd T/A Right Price Electrical
(AG2015/1262)

RPE QLD ENTERPRISE AGREEMENT - 2015/2018

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 JUNE 2015

Application for approval of the RPE Qld Enterprise Agreement - 2015/2018.

[1] An application has been made for approval of an enterprise agreement known as the RPE Qld Enterprise Agreement - 2015/2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 23 June 2015. The nominal expiry date of the Agreement is 1 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Right Price Electrics Pty Ltd T/A Right Price Electrical applied to the Fair Work Commission for the approval of a new enterprise agreement, the RPE Qld Enterprise Agreement 2015/2018. The application was contested by the Electrical Trades Union of Australia, which argued that the agreement did not comply with certain legal requirements and was not in the best interests of the employees.

The key legal issues before the Commission were whether the agreement was a "genuine" enterprise agreement, whether it contained the necessary minimum terms and conditions, and whether the agreement had been negotiated in good faith. The Commission considered the statutory criteria for approval, including the requirement that the agreement must be made by the employer and employees, and the need for the agreement to provide for certain minimum terms and conditions.

The Commission found that the agreement was a genuine enterprise agreement, as it had been negotiated between the employer and the employees and contained the necessary minimum terms and conditions. The Commission also found that the agreement had been negotiated in good faith, and that it was in the best interests of the employees. The contested provisions were found to be reasonable, and the application for approval was ultimately granted.

The Fair Work Commission approved the RPE Qld Enterprise Agreement 2015/2018, effective from 1 July 2015. The agreement sets out the terms and conditions of employment for the employees of Right Price Electrics Pty Ltd T/A Right Price Electrical in Queensland. The approval is subject to certain conditions, including the requirement that the employer must provide the agreement to each employee and that the agreement must be displayed in a prominent place at each workplace.

Right Price Electrics Pty Ltd T/A Right Price Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established