Williams Electrical Service Pty Ltd Summary

[2017] FWCA 4299

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Williams Electrical Service Pty Ltd

(AG2017/2678)

Williams Electrical Service Pty Ltd tRADES Enterprise Agreement 2017

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 18 AUGUST 2017

Application for approval of the Williams Electrical Service Pty Ltd Trades Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Williams Electrical Service Pty Ltd Trades Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Williams Electrical Service Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2017. The nominal expiry date of the Agreement is 17 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Williams Electrical Service Pty Ltd, an employer, and the Electrical Trades Union of Australia, a union, who together sought approval of the Williams Electrical Service Pty Ltd Trades Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, if it covered a single enterprise, if it dealt with only matters relevant to the enterprise, and if it satisfied the procedural requirements for approval.

The Commission found that the agreement was a genuine enterprise agreement and that it covered a single enterprise. The agreement was deemed to deal with only matters relevant to the enterprise and that the procedural requirements for approval had been satisfied. The Commission noted that the agreement had been the subject of good faith bargaining and that it was comprehensive in its coverage of the terms and conditions of employment. The union and employer had demonstrated a willingness to negotiate and reach an agreement, and the Commission found that the agreement reflected the outcomes of those negotiations.

In reaching its decision, the Commission considered the evidence presented by both parties, including the bargaining process, the content of the agreement, and the views of the employees. The Commission found that the agreement was fair and reasonable and that it met the criteria for approval under the Fair Work Act. The Commission approved the agreement, and it came into effect on the date of the decision. The decision is an important reminder of the importance of good faith bargaining and the role of the Commission in approving enterprise agreements that meet the statutory requirements.

Williams Electrical Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established