Avalon Hill Pty Ltd T/A Cabling Network Solutions Summary

[2014] FWCA 8351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avalon Hill Pty Ltd T/A Cabling Network Solutions
(AG2014/8832)

CABLING NETWORK SOLUTIONS ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 NOVEMBER 2014

Application for approval of the Cabling Network Solutions Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Cabling Network Solutions Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avalon Hill Pty Ltd T/A Cabling Network Solutions. 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.

[3] The Agreement was approved on 21 November 2014 and, in accordance with s.54, will operate from 28 November 2014. The nominal expiry date of the Agreement is 20 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Avalon Hill Pty Ltd, trading as Cabling Network Solutions, sought approval for the Cabling Network Solutions Enterprise Agreement 2014-2018. The dispute involved the application for the approval of this enterprise agreement, which was lodged with the Fair Work Commission. The Commission was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Court was whether the enterprise agreement contained the minimum required provisions as stipulated by the Fair Work Act 2009. Specifically, the Court needed to examine whether the agreement provided for minimum wages, conditions, and entitlements that complied with the Act. Furthermore, the Court had to ensure that the agreement was made in good faith and did not unfairly disadvantage any employee.

The Fair Work Commission found that the agreement complied with the statutory requirements and was made in good faith. The agreement included all the necessary minimum provisions and did not contain any terms that would unfairly disadvantage employees. Consequently, the Court approved the enterprise agreement, confirming its compliance with the Fair Work Act 2009.

The final orders of the Court were that the Cabling Network Solutions Enterprise Agreement 2014-2018 be approved as a registered agreement under the Fair Work Act 2009. This decision was made on the basis that the agreement met all statutory requirements and was not unfairly disadvantageous to any employee.

Avalon Hill Pty Ltd T/A Cabling Network Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established