DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simfix Electrical Services Pty Ltd
(AG2017/5939)

SIMFIX ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Simfix Electrical Services 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 Simfix Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 28 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simfix Electrical Services Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Simfix Electrical Services Pty Ltd Enterprise Agreement 2017-2021. The agreement was to cover employees who are members of the Electrical Trades Union of Australia. The dispute arose from disagreements over the terms of the proposed agreement, specifically concerning wage rates, hours of work, and other conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a fair and reasonable overall package of wages and conditions compared to the applicable award or safety net. The Commission also needed to ensure the agreement adhered to the procedural requirements set out in the Act, including whether it was made in good faith and whether there was adequate consultation with the employees.

The Commission found that the agreement did indeed satisfy the BOOT and that it was made in good faith. The process of consultation was deemed to be adequate, and the agreement was in line with the statutory requirements. The Commission noted that the agreement provided for reasonable wage increases and additional benefits, which were considered fair and balanced. Consequently, the Fair Work Commission approved the agreement, confirming its compliance with all necessary legal standards.

The final orders of the Commission were that the Simfix Electrical Services Pty Ltd Enterprise Agreement 2017-2021 be approved and registered, effective from the date of the Commission's decision. The agreement would now serve as the governing document for the terms and conditions of employment for the employees covered by it, until the next scheduled negotiation or until otherwise terminated or varied in accordance with the Act.

Simfix 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