DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Applied Electro Pty Ltd
(AG2015/6679)

APPLIED ELECTRO PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	PERTH, 25 NOVEMBER 2015

Application for approval of the Applied Electro Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Applied Electro Pty Ltd Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applied Electro 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 25 November 2015 and, in accordance with s.54, will operate from 2 December 2015. The nominal expiry date of the Agreement is 25 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Applied Electro Pty Ltd, the Fair Work Commission (FWC) was asked to determine whether to approve the Applied Electro Pty Ltd Single Enterprise Agreement 2015. The dispute arose between the company, represented by Applied Electro Pty Ltd, and the employees, represented by the Electrical Trades Union of Australia. The company sought approval of the agreement to formalise the terms and conditions of employment for its workers. The legal issues the court had to resolve centred around whether the agreement met the necessary statutory requirements under the Fair Work Act 2009 and whether it had been negotiated in good faith. Key points of contention included the compliance of the agreement with minimum entitlements and the process followed during negotiations. The FWC examined the fairness and reasonableness of the agreement, including the procedural fairness of the negotiation process and whether it met the statutory requirements for approval. The FWC found that the agreement was compliant with the Fair Work Act and had been negotiated in good faith. The court considered the evidence presented by both parties and concluded that the agreement provided fair and reasonable terms and conditions for the employees. The FWC also found that the negotiation process was fair and transparent. Based on these findings, the FWC approved the Applied Electro Pty Ltd Single Enterprise Agreement 2015, making it legally binding between the company and its employees.

Applied Electro 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