[2013] FWCA 8537 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
BCE Brisbane & Coastal Electrical Pty Ltd ATF BCE Trust T/A BCE Brisbane & Coastal Electrical
(AG2013/2933)
BCE BRISBANE & COASTAL ELECTRICAL 2013 EBA
Electrical contracting industry | |
COMMISSIONER RIORDAN | SYDNEY, 28 OCTOBER 2013 |
Application for approval of the BCE Brisbane & Coastal Electrical 2013 EBA.
[1] An application has been made for approval of an enterprise agreement known as the BCE Brisbane & Coastal Electrical 2013 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum Employee Relations (the Applicant). The Agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.
[3] Fair Work Commission received correspondence dated 23 October 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).
[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 28 October 2016.
COMMISSIONER
Undertaking
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- AGLC
- BCE Brisbane & Coastal Electrical Pty Ltd ATF BCE Trust T/A BCE Brisbane & Coastal Electrical [2013] FWCA 8537
- Case
- [2013] FWCA 8537
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the EBA complied with the relevant provisions of the Fair Work Act 2009 and whether it met the minimum standards set out in the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the EBA contained all the mandatory terms and conditions required by law, and whether it provided for a fair and reasonable process for resolving workplace disputes.
The Commission found that the EBA did comply with the relevant provisions of the Fair Work Act 2009 and met the minimum standards set out in the Fair Work (Registered Organisations) Act 2009. The EBA contained all the mandatory terms and conditions required by law, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the EBA provided for a fair and reasonable process for resolving workplace disputes, and approved the EBA accordingly.
The Commission's decision was that the BCE Brisbane & Coastal Electrical 2013 EBA was approved as a registered EBA, effective from the date of the decision. The decision was made on the basis that the EBA complied with the relevant provisions of the Fair Work Act 2009 and met the minimum standards set out in the Fair Work (Registered Organisations) Act 2009. The approval of the EBA was an important step in resolving the dispute between the company and the union, and provided a framework for the fair and reasonable resolution of any future workplace disputes.
Orders
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Background
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Evidence
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Decision
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