Amber Electrical Services Pty Limited

[2013] FWCA 4254

FAIR WORK COMMISSION

DECISION

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

Amber Electrical Services Pty Limited
(AG2013/6987)

AMBER ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 1 JULY 2013

Application for approval of the Amber Electrical Services Pty Ltd Single Enterprise Agreement 2013.

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

[2] The Agreement covers the employer’s electrical contracting employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 8 July 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

Amber Electrical Services Pty Limited brought an application before the Fair Work Commission for the approval of the Amber Electrical Services Pty Ltd Single Enterprise Agreement 2013. The application was made under section 224 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement complies with the requirements of the Act. The agreement in question covers employees of Amber Electrical Services Pty Limited who are classified as electricians. The dispute centred on whether the proposed agreement met the necessary criteria for approval, including its compliance with the provisions of the Fair Work Act.

The primary legal issue before the Commission was whether the proposed agreement was a simple, single enterprise agreement as required by section 172 of the Fair Work Act. Additionally, the Commission needed to determine if the agreement contained the necessary protections for employees, including minimum wages and conditions, and whether it was free from prohibited content. The Commission also had to consider if the agreement had been made in good faith and whether there was adequate employee representation in the negotiation process.

The Commission examined the provisions of the agreement and found that it met the requirements of a simple, single enterprise agreement. The agreement provided for minimum wages and conditions that were not less favourable than those provided for in the relevant modern award. The Commission also found that the agreement did not contain any prohibited content and had been made in good faith. Furthermore, the Commission was satisfied that there was adequate employee representation in the negotiation process. Consequently, the Commission approved the Amber Electrical Services Pty Ltd Single Enterprise Agreement 2013 under section 224 of the Fair Work Act.

The Fair Work Commission approved the Amber Electrical Services Pty Ltd Single Enterprise Agreement 2013, finding it to be compliant with the requirements of the Fair Work Act. The agreement was deemed to be a simple, single enterprise agreement that provided for minimum wages and conditions not less favourable than those in the relevant modern award. Additionally, the Commission determined that the agreement was free from prohibited content and had been made in good faith with adequate employee representation. This approval ensures that the terms and conditions of employment for electricians employed by Amber Electrical Services Pty Limited are governed by the provisions of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established