DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solec Australia Pty Ltd
(AG2017/1365)

SOLEC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 11 MAY 2017

Application for approval of the Solec Australia Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Solec Australia 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 Solec Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2017. The nominal expiry date of the Agreement is 10 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Solec Australia Pty Ltd was the applicant in an application for approval of the Solec Australia Pty Ltd Enterprise Agreement 2017 – 2021. The applicant sought to have the enterprise agreement approved by the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The dispute concerned whether the agreement met the requirements of the Fair Work Act for approval.

The central legal issues before the Commission were whether the agreement was a "bargaining agreement" as defined in section 172 of the Act, and whether it had been "bargained for" in good faith as required by section 184. The applicant argued that the agreement was a genuine bargaining agreement, which had been negotiated in good faith, and that it met all the requirements for approval. The Commission was required to determine whether the agreement satisfied the legal criteria for approval, and if it did, whether it should be approved.

The Commission examined the evidence and submissions provided by both parties. It considered the process by which the agreement was negotiated, the parties involved, and the terms of the agreement. The Commission found that the agreement was a genuine bargaining agreement, which had been negotiated in good faith. It also found that the agreement met all the requirements for approval under the Fair Work Act. The Commission approved the agreement, finding that it was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Solec Australia Pty Ltd Enterprise Agreement 2017 – 2021, finding that it met all the requirements for approval under the Fair Work Act. The Commission found that the agreement was a genuine bargaining agreement, which had been negotiated in good faith, and that it was in the best interests of the employees covered by the agreement. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are regulated by the agreement, rather than by the general law.

Solec Australia 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