DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Percy HV Unit Trust T/A GPE HV Pty Ltd
(AG2017/4519)

GPE HV PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 26 FEBRUARY 2018

Application for approval of the GPE HV Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GPE HV 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 The Trustee for Percy HV Unit Trust T/A GPE HV Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 March 2018. The nominal expiry date of the Agreement is 25 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Trustee for Percy HV Unit Trust, trading as GPE HV Pty Ltd, and the relevant union. The dispute was over the application for the approval of the GPE HV Pty Ltd Single Enterprise Agreement 2017. The matter was heard in the Fair Work Commission.

The primary legal issue the court had to address was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees, if it complied with the relevant provisions of the Act, and if it was made in good faith and without coercion. The court also needed to consider whether the agreement provided a fair and reasonable outcome for all parties involved.

In its decision, the court examined the terms of the agreement and the process by which it was negotiated and agreed upon. The court found that the agreement was in the best interests of the employees, complied with the relevant provisions of the Act, and was made in good faith and without coercion. The court also found that the agreement provided a fair and reasonable outcome for all parties involved. Based on these findings, the court approved the agreement.

The court's final order was that the GPE HV Pty Ltd Single Enterprise Agreement 2017 be approved in accordance with the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be binding on all parties from the date of the order. The court also ordered that a copy of the order be served on all relevant parties.

The Trustee for Percy HV Unit Trust T/A GPE HV 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