Shanks Electrical (Vic) Pty Ltd

[2022] FWCA 1166

The attached document replaces the document previously issued with the code [2022] FWC 728 to correct document referencing.

Associate to Deputy President Gostencnik

1 APRIL 2022

[2022] FWCA 1166

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, an employer, and the Electrical Trades Union of Australia, representing its employees, were before the Fair Work Commission in an application for the approval of the Shanks Electrical Pty Ltd Enterprise Agreement 2022-2026. The dispute centred on the terms and conditions of employment set out in the proposed agreement, including wages, working hours, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and complied with the relevant legislative framework.

The legal issues before the Commission involved assessing the fairness and compliance of the proposed enterprise agreement. This included evaluating whether the agreement provided for appropriate wages and conditions, ensuring it met the "better off overall test," and confirming it adhered to the provisions of the Fair Work Act 2009. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring it was not unduly harsh, unjust, or unreasonable.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement. It found that the agreement was fair and balanced, meeting the better off overall test and adhering to the legislative requirements. The Commission considered the evidence presented by both parties, including submissions on the economic context, industry benchmarks, and the specific circumstances of the employer and employees. Ultimately, the Commission approved the Shanks Electrical Pty Ltd Enterprise Agreement 2022-2026, recognising that it provided for fair and reasonable terms and conditions of employment for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established