DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Verlinden Holdings Pty Ltd T/A Verlinden Electrical Service (WA)
(AG2015/3901)

VERLINDEN HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 JULY 2015

Application for approval of the Verlinden Holdings Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Verlinden Holdings Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Verlinden Holdings Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Master Electricians 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Verlinden Holdings Pty Ltd, trading as Verlinden Electrical Service (WA), applied for the approval of their Enterprise Agreement 2015-2019. The application was made to the Fair Work Commission. The applicant sought to ensure that the agreement met the necessary legal standards and was fair and reasonable for the employees it covered.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for being a "certified agreement." Specifically, the Commission had to assess whether the agreement contained the minimum terms and conditions as prescribed by law, whether it was negotiated in good faith, and whether it provided fair and reasonable outcomes for the employees. Additionally, the Commission considered whether the agreement contained any unfair or discriminatory provisions that would render it invalid.

The Commission reviewed the agreement clause by clause, assessing its compliance with the statutory requirements. It examined the negotiation process, the nature of the terms, and their fairness. The Commission found that the agreement was largely compliant with the Act and met the criteria for a certified agreement. It noted that the negotiation process was conducted in good faith and that the terms were fair and reasonable. The Commission also found that there were no provisions that were unfair or discriminatory, thus upholding the validity of the agreement.

The Fair Work Commission approved the Verlinden Holdings Pty Ltd Enterprise Agreement 2015-2019, confirming its compliance with the relevant legislative requirements and its fairness for the employees. The Commission's decision was based on the thorough assessment of the agreement's terms and the negotiation process.

Verlinden Holdings Pty Ltd T/A Verlinden Electrical Service (WA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established