DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SJ Electric Group (Qld) Pty Ltd
(AG2018/368)

SJ ELECTRIC GROUP (QLD) PTY LTD ENTERPRISE AGREEMENT – 2018

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 MAY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the SJ Electric Group (Qld) Pty Ltd Enterprise Agreement - 2018 (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 (Qld) 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 1 May 2018 and, in accordance with s.54, will operate from 8 May 2018. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, SJ Electric Group (Qld) Pty Ltd, sought approval of an enterprise agreement with its employees. The dispute centred on the terms of the agreement, which the applicant proposed to implement, and the implications for the employees and the company. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, including provisions on wages, working hours, leave, and dispute resolution. Additionally, the Commission needed to ensure that the agreement was not detrimental to the employees' interests, as per the provisions of the Act. The applicant argued that the agreement was fair and balanced, providing benefits to both the employees and the company, while the employees expressed concerns about certain provisions.

In its decision, the Commission examined the provisions of the agreement in detail, considering the implications for both the employees and the company. The Commission noted that the agreement included provisions that were beneficial to the employees, such as provisions for flexible working arrangements and provisions that allowed for the negotiation of individual contracts. However, the Commission also found that certain provisions, such as those relating to penalty rates, were not entirely favourable to the employees. After weighing the overall terms and conditions, the Commission concluded that the agreement was fair and reasonable, and thus approved the application for the agreement.

The final orders of the Commission were that the SJ Electric Group (Qld) Pty Ltd Enterprise Agreement - 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the agreement.

SJ Electric Group (Qld) 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