DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Overflow Industrial Unit Trust T/A Overflow Industrial Pty Ltd
(AG2020/2187)

OVERFLOW INDUSTRIAL PTY LTD ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 17 AUGUST 2020

Application for approval of the Overflow Industrial Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Overflow Industrial Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Trustee for Overflow Industrial Unit Trust T/A Overflow Industrial Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 August 2020.

[3] On 10 August 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 August 2020. The undertaking deals with the following topics:

• Schedule B of the Agreement is amended to provide the following basic periodic hourly rates of pay:

• Trades Assistant – Electrical Worker Grade 2 - $24.00-$28.00

• Adult Apprentice 1^st year - $21.00

• Adult Apprentice 2^nd year - $23.00

• Adult Apprentice 3^rd year - $24.00

• Adult Apprentice 4^th year - $25.00

• Junior Apprentice 1^st year - $14.50

• Part-time employees will be paid overtime as per clause 4.3 for all hours worked in addition to the standard agreed hours of work.

• Casual employees will be paid a minimum of two hours for each engagement.

• All employees will be paid a minimum of four hours when engaged to work on a Public Holiday or weekends.

• Afternoon shifts (any shift finishing after 6.00pm and at or before midnight) will paid as per clause 4.5 Night Shift Work.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for Overflow Industrial Unit Trust T/A Overflow Industrial Pty Ltd recently faced a decision in the Fair Work Commission, where the matter was brought for approval of the Overflow Industrial Pty Ltd Enterprise Agreement 2020. The dispute centred around the negotiation and ratification of this enterprise agreement, which governs the employment terms and conditions of the employees within the company. The central issue was whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and the proper representation of the employees' interests.

The legal issues the court had to address included whether the agreement was genuinely negotiated, whether the necessary procedural steps were followed, and if the agreement was made in good faith. It was crucial to determine if the bargaining process was free from any coercive or unfair influences and if the agreement reflected a fair and reasonable set of terms that represented the interests of the employees. Additionally, the court needed to verify that the agreement was certified by the relevant authority as meeting the criteria for simplicity, transparency, and clarity, which are mandated by the Fair Work Act.

In its reasoning, the Fair Work Commission examined the evidence provided regarding the negotiation process, the steps taken to ensure that the agreement was not made under duress, and the fairness of the terms to the employees. The Commission found that the negotiation process was conducted in a manner that adhered to the legal standards for genuine negotiation. It was determined that the agreement was certified correctly and met the necessary criteria for simplicity, transparency, and clarity. Consequently, the Commission approved the Overflow Industrial Pty Ltd Enterprise Agreement 2020, finding it to be a fair and reasonable agreement that met all legal requirements.

The Trustee for Overflow Industrial Unit Trust T/A Overflow Industrial 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