DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Proab Electrical Trust T/A PROAB Electrical Pty Ltd
(AG2018/2960)

PROAB ELECTRICAL ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the PROAB Electrical Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the PROAB Electrical Enterprise Agreement 2018 - 2022 (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 Proab Electrical Trust T/A PROAB Electrical 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] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 4 – Casual employees;

● Clause 5.1.8- Termination Payment;

● Clause 7.2.2 – Annual Leave.

However, noting clause 5.9.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2018. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for Proab Electrical Trust, trading as PROAB Electrical Pty Ltd, applied for the approval of the PROAB Electrical Enterprise Agreement 2018-2022. The dispute centred around the terms of the proposed agreement, which was intended to govern the employment conditions of certain employees within the organisation.

The key legal issues for the Commission to address involved whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the provisions concerning pay and conditions, and whether it provided appropriate protections and entitlements for the employees involved. The Commission also needed to determine if the agreement had been fairly negotiated and if it complied with the requirements for good faith bargaining.

The Commission examined the submissions from both parties and considered the principles of enterprise bargaining and the need to balance the interests of employers and employees. After evaluating the evidence and arguments presented, the Commission found that the agreement generally met the statutory requirements and reflected a fair and reasonable outcome, considering the economic and operational context. The Commission approved the agreement, subject to certain conditions that addressed specific concerns related to employee protections and workplace practices.

The Trustee for Proab Electrical Trust T/A PROAB 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