DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westwoods Electrical and Property Services Pty Ltd
(AG2019/604)

WESTWOODS ELECTRICAL AND PROPERTY SERVICES PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2019

Application for approval of the Westwoods Electrical and Property Services Pty Ltd Enterprise Agreement 2018 - 2022.

[1] Application has been made for approval of a single enterprise agreement known as the Westwoods Electrical and Property Services Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Westwoods Electrical and Property Services Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Westwoods Electrical and Property Services Pty Ltd, an electrical contracting company, and its employees represented by the Electrical Trades Union of Australia, sought approval of their enterprise agreement for the period 2018-2022. The matter was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under Australian labour law. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the provisions for employee entitlements, dispute resolution, and procedural fairness.

The legal issues the court had to decide included whether the agreement contained mandatory terms that complied with the Fair Work Act, whether it provided for procedural fairness to employees, and if the dispute resolution process was adequate and fair. Additionally, the court examined whether the agreement was made in good faith and whether it provided for appropriate employee protections.

The Fair Work Commission found that the agreement did contain the necessary mandatory terms and provided for procedural fairness and adequate dispute resolution mechanisms. The Commission also concluded that the agreement was made in good faith and provided for adequate employee protections. The court took into account the bargaining power of both parties, the nature of the industry, and the overall fairness of the agreement. The court found that the proposed enterprise agreement complied with the requirements of the Fair Work Act and approved it.

No further orders were made by the court. The approved enterprise agreement will now be binding on the employees and the employer for the specified period.

Westwoods Electrical and Property Services 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