DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Attard Family Trust T/A Attards Electrical Service Pty Ltd
(AG2019/992)

ATTARDS ELECTRICAL SERVICE PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JULY 2019

Application for approval of the Attards Electrical Service Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Attards Electrical Service Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Attard Family Trust T/A Attards Electrical Service Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 4 July 2019 and, in accordance with s.54, will operate from 11 July 2019. The nominal expiry date of the Agreement is 3 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Attard Family Trust T/A Attards Electrical Service Pty Ltd applied to the Fair Work Commission for approval of the Attards Electrical Service Pty Ltd Enterprise Agreement 2017-2021. The company operates in the electrical services industry and the agreement covers approximately 20 employees. The application was contested by the Electrical Trades Union, which raised concerns about the adequacy of the agreement in protecting employee interests.

The central legal issues before the commission were whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT). The commission had to consider whether the agreement provided employees with conditions that were no worse than and, in some respects, better than the applicable award, and whether the agreement was made in good faith and without coercion.

The commission found that the agreement met the BOOT, noting that it provided for a pay increase and improved conditions for the employees. The commission considered the evidence provided by both parties and found that the agreement was made in good faith and without coercion. The commission also found that the agreement provided for a mechanism to address any future disputes that may arise.

The commission approved the enterprise agreement, noting that it met the requirements of the Fair Work Act. The commission ordered that the agreement be registered and that it would be in effect from the date of the decision. The decision is a reminder to employers and unions of the importance of reaching an agreement that is in the best interests of the employees, while also meeting the legal requirements of the Fair Work Act.

The Attard Family Trust T/A Attards Electrical Service 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