DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Harty Family Trust & The Trustee for the Manion Family Trust T/A Victorian Electrical Services Pty Ltd
(AG2014/7695)

VICTORIAN ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Victorian Electrical Services Pty Ltd Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Electrical Services Pty Ltd Enterprise Agreement 2014 - 2016 (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 the Harty Family Trust & The Trustee for the Manion Family Trust T/A Victorian Electrical Services 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] The Agreement was approved on 5 December 2014 and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 5 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the application by the trustees of two family trusts, acting as the employer for Victorian Electrical Services Pty Ltd, to have the Fair Work Commission approve the Enterprise Agreement 2014 - 2016. The application was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to oversee and resolve workplace relations disputes. The dispute centred around the terms of the proposed agreement and whether it met the legal standards for approval, including compliance with minimum entitlements and procedural fairness.

The legal issues before the court involved the interpretation of the Fair Work Act, specifically sections concerning the approval of enterprise agreements. The court had to determine if the agreement contained all required terms and conditions, and whether it provided for the minimum entitlements set out in the Act. Additionally, the court needed to assess if the agreement was made in accordance with the procedural requirements outlined in the Fair Work Act, ensuring that the agreement had been fairly and properly negotiated.

In reaching its decision, the Fair Work Commission examined the specific provisions of the Enterprise Agreement and considered the evidence presented by both the employer and the employees' representatives. The court found that the agreement was comprehensive and included all necessary terms and conditions. Furthermore, it was determined that the agreement did not disadvantage employees in terms of their minimum entitlements. The Commission also concluded that the agreement had been made in a procedurally fair manner, as evidenced by the negotiation process and the representation of the employees. Consequently, the application for approval was granted.

The final orders of the Fair Work Commission approved the Enterprise Agreement 2014 - 2016 for Victorian Electrical Services Pty Ltd, effective from the specified start date. This decision allowed the agreement to be implemented, providing a clear framework for the terms and conditions of employment for the employees within the company.

The Trustee for the Harty Family Trust & The Trustee for the Manion Family Trust T/A Victorian Electrical Services 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