Victorian Electrical Services Pty Ltd T/A Victorian Electrical Services Pty Ltd Summary

[2017] FWCA 6940

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Electrical Services Pty Ltd T/A Victorian Electrical Services Pty Ltd

(AG2017/4582)

Victorian Electrical Services Pty Ltd Enterprise Agreement 2017 - 2021

Electrical contracting industry
Commissioner Harper-Greenwell	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Victorian Electrical Services Pty Ltd Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Victorian Electrical Services Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Electrical Services Pty Ltd T/A Victorian Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 21 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Victorian Electrical Services Pty Ltd T/A Victorian Electrical Services Pty Ltd was the subject of an application for approval of the Enterprise Agreement 2017-2021, which was heard by the Fair Work Commission. The primary concern in the dispute was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining if the agreement contained all the mandatory terms stipulated by the Act and if it was free from any unfair content. This involved a detailed examination of the agreement's provisions to ensure it complied with the legislative framework governing enterprise agreements. Specifically, the court had to verify the inclusion of essential terms such as minimum wages, penalty rates, and maximum weekly hours, and assess if any provisions unfairly disadvantaged employees.

Upon reviewing the agreement, the court found that it complied with all mandatory requirements and did not contain any unfair content. The agreement was structured in a manner that aligned with the statutory obligations, and no provisions were identified that could be deemed unfair. Therefore, the court approved the enterprise agreement, confirming its validity and legality under the Fair Work Act 2009. The decision affirmed that the agreement could proceed to the next steps in the approval process, subject to the usual procedural requirements.

Victorian Electrical Services Pty Ltd T/A Victorian Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established