DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W & S Delmenico Pty Ltd T/A Weslec Electrical
(AG2021/95)

WESLEC ELECTRICAL - EMPLOYEE COLLECTIVE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the Weslec Electrical - Employee Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Weslec Electrical - Employee Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by W & S Delmenico Pty Ltd T/A Weslec Electrical. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 26 February 2021. The nominal expiry date of the Agreement is 19 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

W & S Delmenico Pty Ltd, trading as Weslec Electrical, filed an application for the approval of the Weslec Electrical - Employee Collective Agreement 2020 before the Fair Work Commission. The dispute centred around the terms and conditions of employment for the employees under this agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions that complied with the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. The Commission also had to assess whether the agreement was appropriately negotiated and whether it included all required provisions as mandated by the Act.

In delivering its decision, the Fair Work Commission noted that the agreement contained clauses for minimum wages and conditions that were in line with the requirements of the Fair Work Act 2009. The Commission found that the agreement was the product of genuine negotiations and was not made under any duress or coercion. Additionally, all necessary provisions were included in the agreement, ensuring it met the criteria for approval. Consequently, the Commission approved the Weslec Electrical - Employee Collective Agreement 2020.

The Fair Work Commission approved the Weslec Electrical - Employee Collective Agreement 2020, confirming that it complied with the Fair Work Act 2009 and was the result of genuine negotiations without coercion.

W & S Delmenico Pty Ltd T/A Weslec Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established