DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SJ Electric Group (NSW) Pty Ltd
(AG2018/7049)

SJ ELECTRIC GROUP (NSW) PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 6 MAY 2019

Application for approval of the SJ Electric Group (NSW) Pty Ltd Enterprise Agreement 2018 -2022.

[1] An application has been made for approval of an enterprise agreement known as the SJ Electric Group (NSW) Pty Ltd Enterprise Agreement 2018 -2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SJ Electric Group (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 6 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of SJ Electric Group (NSW) Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between SJ Electric Group (NSW) Pty Ltd and its employees. The application for approval was made by the employer, SJ Electric Group (NSW) Pty Ltd, in accordance with the Fair Work Act 2009. The nature of the dispute centred around whether the proposed agreement met the criteria for being a lawful and appropriate enterprise agreement, including the provision of fair and reasonable terms and conditions of employment.

The central legal issue that the Commission had to address was whether the proposed enterprise agreement was compliant with the statutory requirements outlined in the Fair Work Act. This included examining whether the agreement provided for fair and reasonable terms and conditions, whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Act. Additionally, the Commission needed to determine whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Commission considered various factors, including the terms of the proposed agreement, submissions from both parties, and the principles of good faith bargaining. The Commission found that the agreement met the necessary criteria and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was made in good faith and complied with the procedural requirements. Given these findings, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the SJ Electric Group (NSW) Pty Ltd Enterprise Agreement 2018-2022 to be registered. The decision was made on the basis that the agreement met the statutory requirements, provided for fair and reasonable terms and conditions, and was made in good faith. The approval ensures that the agreement will be legally binding on both the employer and the employees for the specified period.

SJ Electric Group (NSW) 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