DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Boyle Electrical Services (Aust) Pty Ltd T/A AES VIC
(AG2019/2151)

RUSSEL BOYLE ELECTRICAL SERVICES (AUST) PTY LTD TRADING AS AES VIC ENTERPRISE AGREEMENT - 2019/2023

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 JULY 2019

Application for approval of the Russell Boyle Electrical Services (Aust) Pty Ltd Trading as AES VIC Enterprise Agreement - 2019/2023.

[1] An application has been made for approval of an enterprise agreement known as the Russell Boyle Electrical Services (Aust) Pty Ltd Trading as AES VIC Enterprise Agreement - 2019/2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Russell Boyle Electrical Services (Aust) Pty Ltd T/A AES VIC. 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. 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 26 July 2019 and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Russell Boyle Electrical Services (Aust) Pty Ltd, trading as AES VIC, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, which was to run for a period of four years, was made between the employer and the employees represented by the Electrical Trades Union of Australia. The dispute centred on the terms and conditions of employment as stipulated in the proposed agreement, which the union sought to have approved as a registered agreement under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement met the requirements for registration, including examining whether the agreement provided for the proper balance of rights and obligations for the parties and whether it complied with the good faith bargaining requirement. The Commission also considered whether the agreement provided for a fair and reasonable safety net for the employees, and whether it included adequate dispute resolution mechanisms.

The Fair Work Commission determined that the proposed agreement met the necessary criteria for registration. The Commission found that the agreement contained fair terms and conditions for both the employer and employees, and that it provided an appropriate safety net and dispute resolution mechanisms. The Commission was satisfied that the agreement was the product of genuine good faith bargaining and therefore approved the agreement for registration. The agreement was to be registered as the Russell Boyle Electrical Services (Aust) Pty Ltd Trading as AES VIC Enterprise Agreement 2019/2023.

Russell Boyle Electrical Services (Aust) Pty Ltd T/A AES VIC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established