DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesco Electrics (1966) Pty Ltd
(AG2015/3717)

WESCO ELECTRICS (1966) ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 15 JULY 2015

Application for approval of the Wesco Electrics (1966) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wesco Electrics (1966) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesco Electrics (1966) 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 Agreement was approved on 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 14 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Wesco Electrics (1966) Pty Ltd applied for the approval of the Wesco Electrics (1966) Enterprise Agreement 2015-2019. The applicant, a company operating in the electrical industry, sought to formalise the terms and conditions of employment for its employees under the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary legal standards and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement met the 'better off overall test', ensuring that employees were not worse off financially under the new agreement compared to their previous conditions.

The Commission examined the contents of the agreement, focusing on provisions such as wages, hours of work, and other employment conditions. The applicant provided evidence to demonstrate that the agreement had been negotiated in good faith and that employees had been adequately consulted. The Commission assessed the 'better off overall test' by comparing the financial benefits and conditions offered in the agreement against those provided under the previous agreement. After careful consideration, the Commission found that the proposed agreement met all legal requirements and was in the best interests of the employees.

The Fair Work Commission approved the Wesco Electrics (1966) Enterprise Agreement 2015-2019, finding it compliant with the Fair Work Act 2009 and meeting the 'better off overall test'. The Commission highlighted that the agreement was negotiated in good faith and without coercion, and it provided employees with fair and reasonable terms of employment. This decision sets a precedent for future enterprise agreements within the company and ensures that the rights and interests of the employees are protected.

Wesco Electrics (1966) 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