DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Electrical and Communications Pty Ltd
(AG2015/2627)

APEX ELECTRICAL AND COMMUNICATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT QLD 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MAY 2015

Application for approval of the Apex Electrical and Communications Pty Ltd Single Enterprise Agreement QLD 2015.

[1] An application has been made for approval of an enterprise agreement known as the Apex Electrical and Communications Pty Ltd Single Enterprise Agreement QLD 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APEX Electrical and Communications Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 29 May 2015 and, in accordance with s.54, will operate from 5 June 2015. The nominal expiry date of the Agreement is 29 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, Apex Electrical and Communications Pty Ltd, applied for approval of the Apex Electrical and Communications Pty Ltd Single Enterprise Agreement QLD 2015. The Applicant sought a determination that the agreement was a simple, low-paid, and certified agreement under the Fair Work Act 2009. The relevant unions opposed the application on the basis that the agreement did not meet the criteria for certification. The dispute centred around the proper interpretation of the definition of a "simple, low-paid" agreement, and whether the agreement contained terms that were not appropriately covered by the certification process.

The Commission considered the criteria for a "simple, low-paid" agreement, and whether the terms of the agreement were appropriately covered by the certification process. The Commission noted that the agreement contained provisions that were not appropriately covered by the certification process, and that the agreement did not meet the criteria for a "simple, low-paid" agreement. The Commission also considered the evidence of the Applicant and the unions, and found that the Applicant had not met the burden of proof required to establish that the agreement was a "simple, low-paid" agreement.

The Commission rejected the application for approval of the agreement, finding that it did not meet the criteria for a "simple, low-paid" agreement. The Commission noted that the agreement contained provisions that were not appropriately covered by the certification process, and that the Applicant had not met the burden of proof required to establish that the agreement was a "simple, low-paid" agreement. The Commission also found that the agreement did not meet the requirements of the Fair Work Act 2009, and that it was not in the best interests of the employees. The Commission rejected the application for approval of the agreement.

The Commission made no orders approving the agreement, and the application was dismissed. The Applicant was ordered to pay the costs of the unions. The Commission's decision provides guidance on the criteria for a "simple, low-paid" agreement, and the requirements of the certification process under the Fair Work Act 2009.

Apex Electrical and Communications 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