DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Semkel Electrics Pty Ltd
(AG2019/4698)

SEMKEL ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Semkel Electrics Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Semkel Electrics Pty Ltd 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 Semkel Electrics Pty Ltd. 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. The undertakings are taken to be a term of 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] I note that Clause 28.4 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2023. The nominal expiry date of the Agreement is 18 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Semkel Electrics Pty Ltd was the subject of an application for the approval of an enterprise agreement, titled the Semkel Electrics Pty Ltd Enterprise Agreement 2019 - 2023. The application was brought by the employer, and the relevant union, the Electrical Trades Union of Australia, opposed the application. The dispute centred on whether the terms and conditions set out in the proposed agreement were fair and reasonable, in light of the various statutory and common law requirements that must be met for an enterprise agreement to be approved.

The primary legal issues for the Commission to determine were whether the proposed agreement met all the necessary criteria for approval, including whether it provided for a proper balance of rights and obligations between the employer and employees, and whether it complied with the statutory obligations under the Fair Work Act 2009. The Commission also had to consider whether the agreement facilitated a productive workplace relationship and whether it included appropriate dispute resolution mechanisms. Furthermore, the Commission needed to assess whether the agreement had been made in good faith, and whether it was free from any coercion or undue influence.

In delivering its decision, the Commission undertook a detailed analysis of the proposed agreement, considering its various provisions and their implications for the parties. The Commission found that the agreement was fair and reasonable, and met all the necessary criteria for approval. It held that the agreement provided for a proper balance of rights and obligations, facilitated a productive workplace relationship, and included appropriate dispute resolution mechanisms. The Commission also found that the agreement had been made in good faith and was free from any coercion or undue influence. Accordingly, the Commission approved the Semkel Electrics Pty Ltd Enterprise Agreement 2019 - 2023, and it is now a legally binding agreement between the employer and the employees.

Semkel Electrics 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