DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sinclair Electrical Solutions T/A Sinclair Electrical Solutions Pty Ltd
(AG2019/12)

SINCLAIR ELECTRICAL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 24 APRIL 2019

Application for approval of the Sinclair Electrical Solutions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sinclair Electrical Solutions Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sinclair Electrical Solutions T/A Sinclair Electrical Solutions 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 1 May 2019. The nominal expiry date of the Agreement is 29 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sinclair Electrical Solutions T/A Sinclair Electrical Solutions Pty Ltd applied for approval of the Sinclair Electrical Solutions Pty Ltd Enterprise Agreement 2019. The applicant, an electrical contracting business, sought to have the agreement registered under the Fair Work Act 2009. The respondents, including several unions, objected to the approval of the agreement, arguing that it did not meet the minimum standards set by the Act.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the Fair Work Act and the Fair Work Regulations. The respondents argued that the agreement failed to meet certain minimum standards, including provisions on maximum weekly hours, penalty rates, and redundancy payments. The applicant, on the other hand, contended that the agreement was fairly negotiated and met the requirements of the Act.

The Commission carefully examined the terms of the agreement and found that, while most provisions complied with the Act, there were several issues that needed to be addressed. The Commission noted that the agreement did not provide for an adequate maximum weekly hours clause and did not sufficiently protect employees' redundancy entitlements. However, the Commission also found that the agreement contained provisions that were better than the minimum standards, such as the inclusion of a clause on flexible working arrangements. Ultimately, the Commission decided that, while the agreement did not fully meet the minimum standards, it could be approved with modifications to address the identified issues.

The Fair Work Commission approved the enterprise agreement with modifications to address the identified issues. The applicant was required to amend the agreement to include a maximum weekly hours clause and to provide for adequate redundancy entitlements. The Commission also directed the parties to negotiate in good faith to address any other issues that may arise during the life of the agreement. The decision provides guidance on the requirements for enterprise agreements and the role of the Commission in ensuring that agreements meet the minimum standards set by the Act.

Sinclair Electrical Solutions T/A Sinclair Electrical Solutions 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