DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WH Data & Electrical Pty Ltd
(AG2020/2028)

WH DATA & ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 28 JULY 2020

Application for approval of the WH Data & Electrical Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the WH Data & Electrical Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WH Data & 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 July 2020 and, in accordance with s.54, will operate from 4 August 2020. The nominal expiry date of the Agreement is 28 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, WH Data & Electrical Pty Ltd, sought approval of the WH Data & Electrical Pty Ltd Enterprise Agreement 2020 - 2024 in the Fair Work Commission. The application was made under the Fair Work Act 2009, and the dispute arose from disagreements over the terms of the proposed enterprise agreement between the employer and the employees. The court was tasked with determining whether the agreement met the requirements for approval under the relevant legislation.

The primary legal issues the court needed to address were whether the agreement contained the necessary provisions as outlined in the Fair Work Act, and whether it had been made in good faith. This involved assessing whether the agreement provided for the minimum entitlements of employees, whether it allowed for genuine bargaining, and if it included appropriate dispute resolution mechanisms. Additionally, the court had to consider whether the agreement had been properly certified by an independent certifier.

The court found that the agreement was comprehensive and contained all the required provisions, including minimum entitlements, dispute resolution mechanisms, and provisions for genuine bargaining. The court also accepted that the agreement had been certified in accordance with the relevant provisions of the Fair Work Act. The court concluded that the agreement had been made in good faith and met all the statutory requirements for approval. Consequently, the court granted the application and approved the WH Data & Electrical Pty Ltd Enterprise Agreement 2020 - 2024.

WH Data & Electrical 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