DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schiller Electrical Services Pty Ltd
(AG2017/6376)

SCHILLER ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2018

Application for approval of the Schiller Electrical Services Pty Ltd Enterprise Agreement 2017 - 2021.

[1] On 18 December 2017 Schiller Electrical Services Pty Ltd (Applicant) made an application for approval of the Schiller Electrical Services Pty Ltd Enterprise Agreement 2017 - 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 January 2018. The nominal expiry date of the Agreement is 3 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Schiller Electrical Services Pty Ltd sought approval of the Enterprise Agreement 2017 - 2021. The application involved determining whether the agreement complied with relevant legislative requirements and whether it met the standards for procedural fairness and good faith bargaining. The nature of the dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, working hours, and dispute resolution mechanisms.

The primary legal issues the court had to decide included whether the agreement was made in good faith, if it adhered to the procedural fairness requirements, and if it complied with the statutory standards set by the Fair Work Act 2009. Specifically, the court needed to assess if the necessary steps were taken to facilitate genuine bargaining and if the agreement contained mandatory provisions that were fair and reasonable. The court also had to consider if the agreement was in line with the modern awards applicable to the employees involved.

After examining the evidence and submissions from both parties, the Fair Work Commission determined that the agreement was made in good faith and complied with procedural fairness requirements. The Commission found that the terms of the agreement were fair and reasonable and met the statutory standards. The Commission was satisfied that the bargaining process was genuine and that all mandatory provisions were appropriately addressed. Consequently, the Commission approved the Enterprise Agreement 2017 - 2021, allowing it to take effect from the specified date.

Schiller Electrical Services 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