DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unitive Group Pty Ltd
(AG2021/4318)

UNITIVE GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 MARCH 2021

Application for approval of the Unitive Group Pty Ltd Single Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Unitive Group Pty Ltd Single Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Unitive Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2021. The nominal expiry date of the Agreement is 25 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Unitive Group Pty Ltd, sought approval for the Unitive Group Pty Ltd Single Enterprise Agreement 2021. The application was contested by the Australian Services Union. The dispute centred around the terms and conditions of employment within the applicant’s workforce, as outlined in the proposed agreement.

The primary legal issues for the Commission to consider were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for a single enterprise agreement. This included ensuring the agreement did not unfairly disadvantage any employees, and that it was genuinely negotiated. Additionally, the Commission needed to determine whether the agreement provided adequate protections and benefits to the employees, and if it facilitated a harmonious workplace.

The Commission carefully examined the provisions of the agreement, taking into account submissions from both parties. It assessed the fairness and genuine negotiation of the agreement, considering the balance of rights and obligations between the employer and employees. The Commission also evaluated whether the agreement provided sufficient protections and benefits, and if it contributed to a productive and cooperative workplace environment. After thorough consideration, the Commission found that the agreement was fair and genuinely negotiated, and it approved the application.

The final orders included the approval of the Unitive Group Pty Ltd Single Enterprise Agreement 2021, which will now apply to the employees of the applicant from the specified commencement date.

Unitive Group 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