DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W & S Delmenico Pty Ltd T/A Weslec Electrical
(AG2016/7595)

WESLEC ELECTRICAL - EMPLOYEE COLLECTIVE AGREEMENT

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 27 JANUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Weslec Electrical - Employee Collective Agreement (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 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2017. The nominal expiry date of the Agreement is 26 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, W & S Delmenico Pty Ltd, trading as Weslec Electrical, applied for the approval of the Weslec Electrical - Employee Collective Agreement. The applicants sought the agreement's approval to ensure it complied with the applicable provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with assessing whether the agreement met the legal criteria for approval under the Act.

The primary legal issues before the Commission involved determining whether the agreement provided for a fair and equitable balance between the rights and obligations of the employer and employees. Additionally, the Commission needed to ascertain whether the agreement met the requirements for good faith bargaining, and whether it complied with the provisions of the Fair Work Act concerning minimum entitlements, dispute resolution, and the overall fairness of the terms and conditions.

After reviewing the evidence and submissions presented by the parties, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement represented a fair and equitable balance of rights and obligations, and that it was the product of good faith bargaining. Furthermore, the Commission found that the agreement complied with the requirements of the Fair Work Act, including the provision of minimum entitlements and the establishment of an appropriate dispute resolution process. Therefore, the Commission approved the Weslec Electrical - Employee Collective Agreement, ensuring its compliance with the Fair Work Act.

The Fair Work Commission's decision resulted in the approval of the Weslec Electrical - Employee Collective Agreement, which is now in effect and binding upon the parties involved. The approval ensures that the agreement adheres to the provisions of the Fair Work Act and provides a fair and equitable balance between the employer and employees.

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