DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shanks Electrical (Vic) Pty Ltd
(AG2017/3587)

SHANKS ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Shanks Electrical Pty Ltd Enterprise Agreement 2017-2021(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shanks Electrical (Vic) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 21 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Shanks Electrical (Vic) Pty Ltd was the subject of an application for approval of the Enterprise Agreement 2017-2021. The application was made by the employer to the Fair Work Commission (FWC). The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 for it to be approved. The FWC was tasked with determining whether the agreement complied with the legislative criteria.

The legal issues that the FWC was required to decide included whether the agreement contained all the mandatory terms as outlined in the Act, whether the agreement had been made in good faith, and whether it provided for a proper process for the resolution of any disputes that might arise. Additionally, the FWC had to consider whether the agreement was likely to promote workplace harmony and productivity.

The FWC found that the agreement met the mandatory term requirements and had been made in good faith. It also found that the agreement provided an appropriate process for dispute resolution. The FWC concluded that the agreement was likely to promote workplace harmony and productivity. Therefore, the FWC approved the Enterprise Agreement 2017-2021. The employer's application was successful.

Shanks Electrical (Vic) 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