DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialist Electrical Engineering Group Pty Ltd t/a Specialist Electrical Engineering Group (SEEG)
(AG2016/1717)

SPECIALIST ELECTRICAL ENGINEERING GROUP PTY LTD (SEEG) ENTERPRISE AGREEMENT - 2016/2020 - REGIONAL QUEENSLAND MINOR WORKS

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 AUGUST 2016

Application for approval of the Specialist Electrical Engineering Group Pty Ltd (SEEG) Enterprise Agreement - 2016/2020- Regional Queensland Minor Works.

[1] An application has been made for approval of an enterprise agreement known as the Specialist Electrical Engineering Group Pty Ltd (SEEG) Enterprise Agreement - 2016/2020- Regional Queensland Minor Works (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialist Electrical Engineering Group Pty Ltd t/a Specialist Electrical Engineering Group (SEEG). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Specialist Electrical Engineering Group Pty Ltd, trading as Specialist Electrical Engineering Group (SEEG), applied to the Fair Work Commission for approval of an enterprise agreement covering its employees in regional Queensland for the period from 2016 to 2020. The application was contested by the Australian Manufacturing Workers' Union, who argued that certain provisions in the agreement were not fair and appropriate. The matter was heard in the Fair Work Commission, with the decision ultimately being handed down by Deputy President R A Gair.

The legal issues that the Fair Work Commission was required to determine centred on whether the provisions in the proposed enterprise agreement were fair and appropriate, as mandated by section 231 of the Fair Work Act 2009. In particular, the Commission needed to assess if the agreement provided for appropriate mechanisms to address employee concerns, and whether it contained any terms that were contrary to public policy or that had an adverse effect on employees. The focus was also on whether the agreement was made in good faith and if it met the standards set out in the Act.

In delivering the decision, Deputy President Gair carefully considered the arguments presented by both parties and examined the contents of the proposed enterprise agreement. The Commission determined that the agreement was fair and appropriate, as it provided for adequate mechanisms to address employee concerns and did not contain any terms that were contrary to public policy or had an adverse effect on employees. It was found that the agreement had been made in good faith and met the standards set out in the Act. Consequently, the Fair Work Commission approved the application for the Specialist Electrical Engineering Group Pty Ltd (SEEG) Enterprise Agreement - 2016/2020- Regional Queensland Minor Works.

As a result of the decision, the Fair Work Commission granted approval for the enterprise agreement, which will now be in effect for the specified period and cover the employees of Specialist Electrical Engineering Group Pty Ltd in regional Queensland. The approved agreement will govern various aspects of employment, including wages, conditions, and dispute resolution mechanisms, for the duration of its term. The Australian Manufacturing Workers' Union's objections were dismissed, and the agreement was deemed to be fair and appropriate under the Fair Work Act 2009.

Specialist Electrical Engineering Group Pty Ltd t/a Specialist Electrical Engineering Group (SEEG)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established