B & C Electrical & Communications Pty Ltd Summary

[2013] FWCA 4253

FAIR WORK COMMISSION

DECISION

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

B & C Electrical & Communications Pty Ltd
(AG2013/6978)

B & C ELECTRICAL AND COMMUNICATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 1 JULY 2013

Application for approval of the B & C Electrical and Communications Pty Limited Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the B & C Electrical and Communications Pty Limited 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 8 July 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of the application for approval of the B & C Electrical and Communications Pty Limited Single Enterprise Agreement 2013 was considered. The applicant, B & C Electrical & Communications Pty Ltd, sought approval for the agreement which was intended to govern the terms and conditions of employment for its employees. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the minimum entitlements for employees.

The key legal issues before the court were whether the agreement provided for minimum rates of pay, leave entitlements, penalty rates, and other conditions that met or exceeded the minimum standards prescribed by the Fair Work Act. The applicant argued that the agreement was fair and reasonable, while no party contested the agreement, though some issues were raised regarding compliance with specific statutory provisions.

The commission examined the provisions of the agreement against the Fair Work Act and the applicable awards. It assessed whether the agreement provided for adequate minimum entitlements, including appropriate rates of pay, leave entitlements, and penalty rates, as well as other conditions that aligned with or surpassed the minimum standards set out in the legislation. The commission found that the agreement did meet the required standards and was fair and reasonable in all its terms. Consequently, it approved the agreement.

The final orders included the approval of the B & C Electrical and Communications Pty Limited Single Enterprise Agreement 2013, subject to the terms and conditions set out in the agreement.

B & C Electrical & Communications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established