DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Electrical Pty Ltd
(AG2018/7162)

APEX ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 26 MARCH 2019

Application for approval of the Apex Electrical Pty Ltd Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Apex Electrical Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Apex Electrical Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 25 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Apex Electrical Pty Ltd, represented by its employees, applied for the approval of the Apex Electrical Pty Ltd Enterprise Agreement 2018 under the Fair Work Act 2009. The dispute involved the procedural fairness and fairness of the agreement's terms. The Fair Work Commission heard the application. The central legal issues revolved around whether the employees had been adequately consulted during the negotiation of the agreement and whether the terms of the agreement were fair. The Commission examined the process of negotiation, the extent of consultation, and the fairness of the agreement's terms in light of the principles of enterprise bargaining.

The Commission found that the employer had not adequately consulted the employees during the negotiation process, thereby breaching procedural fairness. Despite this, the Commission determined that the agreement's terms were fair, considering the broader economic context and the need for flexibility in the industry. The decision highlighted the importance of procedural fairness in the negotiation process while acknowledging that the terms themselves were equitable. The Commission approved the agreement subject to certain conditions, ensuring that future negotiations would comply with procedural fairness requirements.

The final orders of the Commission included the approval of the agreement, subject to specific conditions designed to ensure that future bargaining processes would adhere to procedural fairness standards. The employer was required to provide evidence of improved consultation practices before any further agreements could be approved. This decision underscored the necessity of procedural fairness in enterprise bargaining while affirming the fairness of the terms negotiated in this instance.

Apex Electrical 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