DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Somerville Electric Pty Ltd
(AG2015/5476)

SOMERVILLE ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the Somerville Electric Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Somerville Electric Pty Ltd Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Somerville Electric 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] 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 was approved on 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Somerville Electric Pty Ltd applied to the Fair Work Commission for approval of the Somerville Electric Pty Ltd Single Enterprise Agreement 2015. The applicant, Somerville Electric, is an employer and the respondents include several trade unions representing the employees. The dispute centres around whether the proposed agreement meets the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was fair and appropriate for the employees it covers. This involved assessing whether the agreement satisfied the "better off overall test" and whether it adhered to the provisions of the Fair Work Act.

The central legal issue before the Commission was whether the proposed agreement was consistent with the criteria set out in the Fair Work Act, particularly whether it provided a safety net of minimum wages and conditions and was better off overall for the employees. The Commission also considered whether the agreement appropriately balanced the interests of the employer and the employees and complied with procedural fairness. The Commission's decision hinged on whether the proposed terms and conditions offered by the agreement met the statutory requirements and were fair and reasonable in the circumstances.

The Fair Work Commission found that the Somerville Electric Pty Ltd Single Enterprise Agreement 2015 was fair and appropriate for the employees. The Commission determined that the agreement provided a safety net of minimum wages and conditions and met the better off overall test. The Commission also found that the agreement was procedurally fair and appropriately balanced the interests of both the employer and the employees. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory requirements under the Fair Work Act.

The Fair Work Commission ordered that the Somerville Electric Pty Ltd Single Enterprise Agreement 2015 be approved and registered. The agreement was to be in effect from the date of the Commission's decision and would apply to the employees covered by the agreement. The Commission's decision was based on its determination that the agreement was fair and appropriate and met all the necessary statutory requirements.

Somerville Electric 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