DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apec Technologies Pty Ltd
(AG2015/6561)

APEC TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Apec Technologies Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Apec Technologies Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Apec Technologies 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 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 10 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Apec Technologies Pty Ltd, sought approval of an enterprise agreement for its employees. The respondents, who were represented by the Communications, Electrical and Plumbing Union of Australia, challenged the application on various grounds, including the adequacy of the agreement's provisions regarding employee entitlements and procedural fairness.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness of the bargaining process and the fairness of the agreement's terms and conditions. The respondents argued that the bargaining process was not genuinely cooperative and that certain terms of the agreement were not fair.

The Commission found that while there were procedural shortcomings in the bargaining process, these did not render the agreement invalid. The Commission held that the overall process was genuinely cooperative and that the parties had made a genuine effort to reach an agreement. Regarding the fairness of the terms, the Commission concluded that the agreement was fair and reasonable, taking into account the overall context and the need for flexibility in the workplace. The application was therefore approved.

As a result, the Fair Work Commission approved the Apec Technologies Pty Ltd Enterprise Agreement 2015 - 2019, with the agreement to be registered with the Fair Work Commission. This decision ensures that the employees of Apec Technologies Pty Ltd will be covered by the terms and conditions set out in the approved enterprise agreement.

Apec Technologies 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