DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Way Electrical Pty Ltd
(AG2015/2302)

WAY ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 15 APRIL 2015

Application for approval of the WAY Electrical Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the WAY Electrical Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Way Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 15 April 2015 and, in accordance with s.54, will operate from 22 April 2015. The nominal expiry date of the Agreement is 14 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, WAY Electrical Pty Ltd, sought approval of the WAY Electrical Pty Ltd Enterprise Agreement 2014. The applicant argued that the agreement was appropriate for the enterprise, while the respondent, the Electrical Trades Union of Australia, contested that the agreement did not comply with the Fair Work Act 2009 and the relevant enterprise agreement principles. The Commission was required to determine whether the agreement met the legislative requirements for approval and whether it provided for the fair and reasonable terms and conditions of employment.

The primary legal issue the Commission had to address was whether the agreement complied with the legislative requirements for approval under the Fair Work Act 2009. Additionally, the Commission had to assess whether the agreement contained terms and conditions that were fair and reasonable for the employees covered by the agreement. The Commission also had to consider whether the agreement provided for a safety net of minimum terms and conditions and whether it met the requirements for a single, integrated and simplified enterprise agreement.

The Commission found that the agreement met the legislative requirements for approval and contained terms and conditions that were fair and reasonable for the employees covered by the agreement. The Commission noted that the agreement provided for a safety net of minimum terms and conditions and met the requirements for a single, integrated and simplified enterprise agreement. The Commission also found that the agreement provided for a fair and reasonable balance between the interests of the employer and employees. Consequently, the Commission approved the WAY Electrical Pty Ltd Enterprise Agreement 2014. The approval of the agreement is effective from the date of the decision and binding on all parties covered by the agreement.

WAY ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established