Verbrec Limited T/A Verbrec

[2021] FWCA 5853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Verbrec Limited T/A Verbrec
(AG2021/7278)

VERBREC SA/NT ELECTRICAL ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 16 SEPTEMBER 2021

Application for approval of the Verbrec SA/NT Electrical Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Verbrec SA/NT Electrical Enterprise Agreement 202 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Verbrec Limited T/A Verbrec. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2021. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Verbrec Limited, trading as Verbrec, sought approval for the Verbrec SA/NT Electrical Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The dispute centred on the conditions of employment, benefits, and protections offered to employees under the proposed agreement.

The legal issues before the Commission involved whether the agreement provided for fair and reasonable terms of employment, and whether it met the minimum standards set out by the Act. Specific attention was given to the clauses regarding wages, hours of work, and the rights and obligations of both employers and employees. The Commission also needed to consider if the agreement was made in good faith and if it allowed for the proper representation of the employees' interests.

After reviewing the submissions and evidence provided by the parties, the Commission found that the agreement met the legislative requirements. The terms were deemed fair and reasonable, and the agreement provided adequate protections for the employees. The Commission concluded that the agreement was made in good faith and represented the interests of the employees appropriately. Therefore, the application for approval was granted.

The Fair Work Commission approved the Verbrec SA/NT Electrical Enterprise Agreement 2021, subject to the specific conditions outlined in the decision. This approval ensures that the agreement will serve as a binding contract between the employer and the employees, governing their terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established