Apex Electrical Pty Ltd

[2013] FWCA 3290

FAIR WORK COMMISSION

DECISION

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

Apex Electrical Pty Ltd
(AG2013/6376)

APEX ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 24 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Apex Electrical 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 31 May 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Apex Electrical Pty Ltd applied to the Fair Work Commission for approval of the Apex Electrical Pty Ltd Single Enterprise Agreement 2013. The application was opposed by the Australian Manufacturing Workers' Union, who argued that the agreement was not sufficiently representative of the employees it sought to cover. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement had been negotiated in good faith, whether it covered employees who had genuinely agreed to be covered by it, and whether it provided for the proper operation of the enterprise. The Commission found that the agreement had been negotiated in good faith, that the majority of employees had genuinely agreed to be covered by it, and that it provided for the proper operation of the enterprise. The Commission was satisfied that the agreement met the requirements for approval under the Act.

Accordingly, the Commission approved the agreement. The Commission found that the agreement provided for the proper operation of the enterprise and that it met the requirements for approval under the Act. The Commission noted that the agreement provided for a range of terms and conditions of employment, including wages, hours of work, and leave entitlements. The Commission was satisfied that the agreement was not likely to have a detrimental effect on the employees it covered. The Commission approved the agreement, and it came into effect on 1 July 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established