DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Versatech Electrical Pty Ltd
(AG2015/2836)

VERSATECH ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 JUNE 2015

Application for approval of the Versatech Electrical Pty Ltd Single Enterprise Agreement 2015.

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 23 June 2015. The nominal expiry date of the Agreement is 23 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Versatech Electrical Pty Ltd Single Enterprise Agreement 2015 was heard in the Fair Work Commission. The applicant, Versatech Electrical Pty Ltd, sought the commission's approval of the agreement. The respondents included the Electrical Trades Union of Australia and the Electrical Contractors’ Association of NSW. The nature of the dispute was primarily concerned with the procedural validity and the substantive fairness of the agreement as it related to the terms and conditions of employment for the workers.

The court had to determine whether the agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether it complied with the procedural and substantive fairness criteria. The key issues included whether the agreement was genuinely negotiated, whether there was adequate disclosure of relevant information, and whether the terms of the agreement were fair and reasonable. The court also examined the process by which the agreement was made and whether there were any procedural irregularities that might invalidate the agreement.

The Fair Work Commission found that the agreement was made in compliance with the procedural requirements of the Fair Work Act. It determined that the negotiation process was genuine and that there was adequate disclosure of relevant information. The commission also concluded that the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the commission approved the agreement, finding it to be compliant with both procedural and substantive fairness criteria.

The final orders of the commission were that the Versatech Electrical Pty Ltd Single Enterprise Agreement 2015 be approved as a certified agreement under the Fair Work Act 2009. This approval was subject to the conditions and commencement date specified in the agreement. The decision was made to ensure that the agreement would operate as a valid and binding contract between the parties.

Versatech 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