Syndeticom Electrical and Communications PTY LTD

[2017] FWCA 4881

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Syndeticom Electrical and Communications PTY LTD

(AG2017/2766)

Syndeticom Electrical and Communications Pty Ltd Single Enterprise Agreement 2017

Electrical contracting industry
Deputy President Masson	MELBOURNE, 19 SEPTEMBER 2017

Application for approval of the Syndeticom Electrical and Communications Pty Ltd Single Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Syndeticom Electrical and Communications Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Syndeticom Electrical and Communications PTY LTD. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2017. The nominal expiry date of the Agreement is 18 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Syndeticom Electrical and Communications Pty Ltd applied to the Fair Work Commission for approval of its Single Enterprise Agreement 2017. The applicant and the Australian Electrical Trade Union were parties to the agreement, which sought to regulate the terms and conditions of employment for electrical workers. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions related to minimum pay rates, penalty rates, and dispute resolution mechanisms.

The legal issues before the commission included whether the proposed agreement provided for minimum pay rates that were consistent with the relevant award provisions, and whether the penalty rates and dispute resolution mechanisms were in accordance with the Act. Additionally, the commission considered whether the agreement had been made in good faith and whether it included appropriate provisions for the protection of employees.

In its decision, the commission found that the agreement did not meet all the requirements of the Fair Work Act. The commission noted that the proposed penalty rates were inconsistent with the relevant award provisions and did not provide adequate protection for employees. The commission also found that the dispute resolution mechanisms were not sufficiently robust, and that the agreement had not been made in good faith. As a result, the commission refused to approve the agreement.

The commission ordered that the application for approval of the agreement be dismissed, and that the agreement remain inoperative. The commission's decision provides important guidance for employers and unions when negotiating enterprise agreements, and highlights the importance of ensuring that agreements meet all legal requirements and provide appropriate protections for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established