DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Switched on Fire and Electrical Pty Ltd
(AG2021/4196)

SWITCHED ON FIRE AND ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2021 -2025

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 APRIL 2021

Application for approval of the Switched on Fire and Electrical Pty Ltd Enterprise Agreement 2021 -2025.

[1] An application has been made for approval of an enterprise agreement known as the Switched on Fire and Electrical Pty Ltd Enterprise Agreement 2021 -2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Switched on Fire and Electrical Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 12 April 2021 and, in accordance with s.54, will operate from 19 April 2021. The nominal expiry date of the Agreement is 12 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Switched on Fire and Electrical Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement made with its employees. The employees, represented by a union, sought to challenge the agreement on several grounds. The dispute was heard by the Commission in Melbourne.

The legal issues before the Commission were whether the agreement complied with the relevant legislative requirements, including provisions of the Fair Work Act 2009. Specifically, the union argued that the agreement failed to adequately protect employees' rights and interests, particularly in relation to minimum wage rates, penalty rates, and conditions of employment. The union also contended that the agreement did not provide for adequate dispute resolution mechanisms.

The Commission considered the arguments presented by both parties and examined the terms of the agreement in light of the relevant legislation. The Commission found that the agreement was largely in compliance with the Fair Work Act, and that the parties had negotiated in good faith. The Commission noted that the agreement provided for reasonable minimum wage rates and penalty rates, and that the dispute resolution mechanisms were adequate. The Commission also found that the agreement did not unjustifiably discriminate against any class of employees. Accordingly, the Commission approved the agreement.

The Commission made an order approving the Switched on Fire and Electrical Pty Ltd Enterprise Agreement 2021-2025, subject to certain conditions. The agreement is now legally binding on the parties and will regulate the employment conditions of the employees for the next four years.

Switched on Fire and Electrical 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