BAEC Electrical Pty Limited Summary

[2014] FWCA 7828

FAIR WORK COMMISSION

DECISION

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

BAEC Electrical Pty Limited
(AG2014/9302)

BAEC ELECTRICAL PTY LTD ENTERPRISE AGREEMENT CURTIS ISLAND (2014)

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 4 NOVEMBER 2014

Application for approval of the BAEC Electrical Pty Ltd Enterprise Agreement Curtis Island (2014).

[1] An application has been made for approval of an enterprise agreement known as the BAEC Electrical Pty Ltd Enterprise Agreement Curtis Island (2014) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BAEC Electrical Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 8 October 2014. The application included a Statutory Declaration of John Lydiard made on behalf of the Employer and dated 8 October 2014, (the Declaration). The Declaration stated that the Agreement was made on 25 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified a particular issue relating to an aspect of the application involving the contents of terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 22 October 2014, from the Employer which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application and the Undertaking. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 4 November 2014.

[7] I note that the Agreement contains a flexibility term at clause 23 and a consultation term at clause 22.

[8] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 November 2014. The nominal expiry date of the Agreement as specified in clause 6 of the Agreement, is 4 November 2017.

COMMISSIONER

Undertaking:

Printed by authority of the Commonwealth Government Printer

In the matter of BAEC Electrical Pty Limited, the Federal Court was presented with an application for the approval of an enterprise agreement. This agreement, submitted by BAEC Electrical, pertains to the Curtis Island project and was made in 2014. The application was made under the Fair Work Act 2009, specifically seeking the Court's endorsement of the agreement to ensure it meets the requirements for a registered agreement. The legal issues the court had to address were whether the agreement was genuinely an enterprise agreement, if it was free from any prohibited content, and if it had been made in accordance with the statutory requirements.

The court meticulously examined the agreement to ensure it complied with the necessary legal standards. It was determined that the agreement was indeed an enterprise agreement as it was made between an employer and their employees, and it covered terms and conditions of employment. The court also found that the agreement did not contain any prohibited content, such as provisions that undermine the rights of employees or facilitate discrimination. Furthermore, the agreement was made in line with the procedural requirements of the Fair Work Act, including the provision of necessary information and the opportunity for employees to be represented.

Following this analysis, the court concluded that the BAEC Electrical Pty Ltd Enterprise Agreement Curtis Island (2014) met all the statutory requirements and was thus approved. This decision was made in the interest of ensuring that the agreement was fair and in line with the protections afforded to employees under Australian labour law. The court's approval paves the way for the agreement to be registered, thereby binding both the employer and employees to the terms and conditions outlined therein.

BAEC Electrical Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established