DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S.J. Electric (W.A.) Pty Ltd
(AG2020/2083)

S.J. ELECTRIC (W.A.) PTY LTD ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 AUGUST 2020

Application for approval of the S.J. Electric (W.A.) Pty Ltd Enterprise Agreement 2020-2024.

[1] S.J. Electric (W.A.) Pty Ltd has made an application for the approval of an enterprise agreement known as the S.J. Electric (W.A.) Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 13 August 2020 and, in accordance with s 54, will operate from 20 August 2020. The nominal expiry date of the Agreement is 13 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the recent case of S.J. Electric (W.A.) Pty Ltd, the Fair Work Commission was tasked with determining the approval of an enterprise agreement between S.J. Electric (W.A.) Pty Ltd and its employees. The application for approval came about as a result of a dispute regarding certain terms and conditions of employment outlined in the proposed Enterprise Agreement for the period 2020-2024. The applicants, S.J. Electric, sought the Commission's approval of the agreement, which included provisions on wages, working hours, leave entitlements, and other employment-related matters. The respondents, represented by the Electrical Trades Union of Australia, argued against certain clauses of the agreement, raising concerns about the fairness and reasonableness of the proposed terms.

The central legal issue before the Commission was whether the provisions of the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the 'better off overall test' and whether it contained any terms that were contrary to the public interest or otherwise unenforceable. Additionally, the Commission considered whether the agreement had been genuinely negotiated between the parties and whether it provided for the resolution of any disputes that might arise under it.

In reaching its decision, the Commission carefully reviewed the provisions of the agreement and the submissions from both parties. The Commission found that, overall, the agreement provided for employees to be better off than they would be under the applicable awards, thereby satisfying the 'better off overall test'. The Commission also found that the agreement contained no terms that were contrary to the public interest or otherwise unenforceable. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated between the parties and provided for the resolution of any disputes that might arise under it. Based on these findings, the Commission approved the S.J. Electric (W.A.) Pty Ltd Enterprise Agreement 2020-2024.

As a result of the Commission's decision, the S.J. Electric (W.A.) Pty Ltd Enterprise Agreement 2020-2024 was approved and came into effect on the date of the decision. This outcome provides certainty to both the employer and employees regarding the terms and conditions of their employment for the specified period.

S.J. Electric (W.A.) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established