Ace Electrical Infrastructure Pty Ltd Summary

[2013] FWCA 2706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ace Electrical Infrastructure Pty Ltd
(AG2013/6007)

ACE ELECTRICAL INFRASTRUCTURE PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MAY 2013

Application for approval of the Ace Electrical Infrastructure Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ace Electrical Infrastructure Pty Ltd Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ace Electrical Infrastructure Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2013. The nominal expiry date of the Agreement is 8 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ace Electrical Infrastructure Pty Ltd recently sought the approval of an enterprise agreement from the Fair Work Commission. The applicant, a company in the electrical infrastructure sector, aimed to have the proposed agreement, covering the period 2013 to 2017, formally recognised and approved. This process is crucial for ensuring that the terms and conditions of employment are fair and comply with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations, particularly regarding the disclosure of relevant information, the negotiation process, and the fairness of the terms proposed. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission carefully reviewed the negotiation process and the terms of the proposed agreement. It found that the negotiation process was conducted in good faith and that the agreement contained terms that were fair and reasonable. The Commission was satisfied that all necessary information was disclosed and that the agreement did not disadvantage any party unduly. Consequently, the Fair Work Commission approved the enterprise agreement, allowing it to come into effect as intended.

The Commission's approval was based on the comprehensive review of the negotiation process, the terms of the agreement, and the interests of all parties involved. This decision ensures that the enterprise agreement will now govern the employment conditions between Ace Electrical Infrastructure Pty Ltd and its employees for the specified period.

Ace Electrical Infrastructure Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established