DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Slade Industries Maintenance Pty Ltd
(AG2020/2687)

SLADE INDUSTRIES MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 16 OCTOBER 2020

Application for approval of the Slade Industries Maintenance Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Slade Industries Maintenance Pty Ltd Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Slade Industries Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 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 23 October 2020. The nominal expiry date of the Agreement is 16 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Slade Industries Maintenance Pty Ltd sought approval of the Enterprise Agreement 2020-2024 with its employees. The dispute centred on the application's compliance with the requirements of the Fair Work Act 2009, specifically in relation to the agreement's provisions regarding wages, working conditions, and the resolution of disputes. The Commission was tasked with determining whether the agreement met the "better off overall test" and if it was free from any unfair content.

The primary legal issues that the Commission addressed were whether the proposed agreement provided employees with a fair and reasonable package of wages and conditions, and whether the agreement contained any provisions that would be deemed unfair under the Fair Work Act. The Commission examined the evidence presented by both parties, focusing on the economic and practical implications of the proposed terms, and assessed whether the agreement met the statutory criteria for approval.

The Commission found that the proposed agreement was fair and reasonable, satisfying the better off overall test. It considered the economic context, the bargaining positions of the parties, and the overall benefits and detriments to the employees. The Commission also concluded that the agreement did not contain any unfair provisions that would render it unacceptable under the Act. As a result, the application for approval was granted, and the Slade Industries Maintenance Pty Ltd Enterprise Agreement 2020-2024 was approved.

The Commission made an order approving the Slade Industries Maintenance Pty Ltd Enterprise Agreement 2020-2024. The agreement was to be registered by the parties with the Commission within 28 days of the decision, and it was to come into effect from the date of approval. The decision was binding on all parties covered by the agreement, including the employer and the employees represented by the relevant union.

Slade Industries Maintenance 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