Shanks Electrical (Vic) Pty Ltd

[2022] FWC 728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shanks Electrical (Vic) Pty Ltd

(AG2022/788)

Shanks Electrical Pty Ltd Enterprise Agreement2022 -2026

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2022

Application for approval of the Shanks Electrical Pty Ltd Enterprise Agreement 2022-2026

An application has been made by Shanks Electrical (Vic) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Shanks Electrical Pty Ltd Enterprise Agreement 2022-2026 (the Agreement).

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 1 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shanks Electrical (Vic) Pty Ltd applied for approval of a new enterprise agreement, the Shanks Electrical Pty Ltd Enterprise Agreement 2022-2026, under section 185 of the Fair Work Act 2009. The application was heard by Deputy President Gostencnik of the Fair Work Commission, who found that the requirements for approval under sections 186, 187 and 188 of the Act were met. The Agreement was subsequently approved and will operate from 8 April 2022, with a nominal expiry date of 1 April 2026.

The legal issues before the Deputy President included whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirements for good faith bargaining, and whether it met the procedural requirements for registration. The Deputy President examined the process through which the agreement was negotiated and whether the agreement was fair and reasonable in all its terms.

The Deputy President found that the agreement had been negotiated in good faith and that all procedural requirements had been met. The Deputy President also found that the agreement was fair and reasonable in all its terms, taking into account the interests of both the employer and the employees. The Deputy President noted that the agreement provided for a range of protections for employees, including minimum wage rates, leave entitlements and provisions for dispute resolution.

The Shanks Electrical Pty Ltd Enterprise Agreement 2022-2026 was approved and will operate from 8 April 2022, with a nominal expiry date of 1 April 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established