DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sommerville Electric Pty Ltd
(AG2019/2101)

SOMMERVILLE ELECTRIC PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 NOVEMBER 2019

Application for approval of the Sommerville Electric Pty Limited Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Sommerville Electric Pty Limited Single Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Sommerville Electric Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 31 July 2019. Those undertakings are attached at Annexure A to this decision. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2010) and that the undertakings will not result in substantial changes to the Agreement. I note that those undertakings become terms of 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 26 November 2023.

[6] This Decision is to be read in conjunction with my Reasons for Decision in [2019] FWC 7876.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sommerville Electric Pty Ltd, represented by its managing director, applied to the Fair Work Commission for approval of the Sommerville Electric Pty Limited Single Enterprise Agreement 2019. The applicant sought to finalise the agreement, which was intended to govern the terms and conditions of employment for its employees. The application was opposed by the Electrical Trades Union of Australia, representing the employees. The dispute centred on whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, whether it was free from any unlawful provisions, and whether it had been negotiated in good faith. Additionally, the Commission had to consider if the agreement provided for a fair and efficient workplace while meeting the statutory requirements.

The Fair Work Commission found that the agreement complied with all necessary statutory provisions. The Commission noted that the agreement included all mandated terms and conditions, was free from unlawful content, and had been negotiated in good faith. The Commission further determined that the agreement was fair and efficient, providing for a balanced outcome between the parties. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Sommerville Electric Pty Limited Single Enterprise Agreement 2019, confirming its compliance with all statutory requirements. The Commission's decision was based on the comprehensive nature of the agreement, its fairness, and the good faith negotiation process. The approval of the agreement means that it will now govern the terms and conditions of employment for the employees of Sommerville Electric Pty Ltd.

Sommerville 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