DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Right Price Electrics Pty Ltd T/A RPE QLD
(AG2019/668)

RPE QLD ENTERPRISE AGREEMENT - 2018/2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 APRIL 2019

Application for approval of the RPE Qld Enterprise Agreement - 2018/2021.

[1] An application has been made for approval of an enterprise agreement known as the RPE Qld Enterprise Agreement - 2018/2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Right Price Electrics Pty Ltd T/A RPE QLD. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 1 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Right Price Electrics Pty Ltd trading as RPE QLD, sought the approval of an enterprise agreement, covering the period from 2018 to 2021, under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the good faith bargaining requirements. The dispute arose from objections lodged by the Australian Electrical Trades Union, which argued that the proposed agreement did not sufficiently address certain employment conditions and provisions.

The key legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, whether it provided for fair and reasonable terms and conditions, and whether the applicant had engaged in good faith bargaining with the union. The Commission had to consider the evidence presented regarding the negotiation process, the terms and conditions proposed in the agreement, and the objections raised by the union. Additionally, the Commission examined whether the agreement met the statutory requirements and whether it provided for the fair and reasonable terms and conditions as stipulated in the Act.

The Commission found that the applicant had engaged in good faith bargaining with the union, and the proposed agreement was genuine. The Commission determined that the terms and conditions in the agreement were fair and reasonable, and the agreement provided for the required provisions under the Act. The objections raised by the union were largely addressed, and the Commission concluded that the agreement was in the best interests of the employees covered by it. Therefore, the Commission approved the RPE Qld Enterprise Agreement for the period from 2018 to 2021, subject to the conditions specified in the order.

Right Price Electrics Pty Ltd T/A RPE QLD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established