DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W Fromberg Family Trust T/A Contact Electrical Pty Ltd
(AG2016/1382)

CONTACT ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 2 AUGUST 2016

Application for approval of the Contact Electrical Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Contact Electrical Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by
W Fromberg Family Trust T/A Contact Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

W Fromberg Family Trust T/A Contact Electrical Pty Ltd recently sought approval for the Contact Electrical Pty Ltd Enterprise Agreement 2016. The application was brought before the Fair Work Commission, with the applicant being the employer and the Electrical Trades Union of Australia representing the employees. The dispute centred around whether the proposed agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. Key points included the adequacy of provisions related to working hours, penalty rates, and the process for resolving disputes. The Commission also examined whether the agreement was negotiated in good faith and if it provided sufficient protections for employees.

In its decision, the Fair Work Commission found that the agreement largely met the necessary statutory requirements. The Commission considered that the terms and conditions were fair and reasonable, with particular attention to the balance between the needs of the employer and the protections for employees. The Commission was satisfied that the negotiation process was in good faith and that the agreement provided adequate mechanisms for dispute resolution. Consequently, the Commission approved the Contact Electrical Pty Ltd Enterprise Agreement 2016, recognising it as meeting the legislative standards.

The final orders confirmed the approval of the enterprise agreement, which is now legally binding for the parties involved. The decision ensures that the terms of employment are governed by the agreed provisions, providing a framework for the employer-employee relationship within the specified enterprise.

W Fromberg Family Trust T/A Contact 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