BE (South Australia) Pty Ltd T/A Built Electrical (SA) Summary

[2013] FWCA 9594

FAIR WORK COMMISSION

DECISION

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

BE (South Australia) Pty Ltd T/A Built Electrical (SA)
(AG2013/10246)

BE (SOUTH AUSTRALIA) PTY LTD T/A BUILT ELECTRICAL (SA) SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 DECEMBER 2013

Application for approval of the BE (South Australia) Pty Ltd T/A Built Electrical (SA) Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BE (South Australia) Pty Ltd T/A Built Electrical (SA) Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BE (South Australia) Pty Ltd T/A Built Electrical (SA). 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2013. The nominal expiry date of the Agreement is 1 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a Single Enterprise Agreement (SEA) for BE (South Australia) Pty Ltd, trading as Built Electrical (SA). The agreement in question, titled the BE (South Australia) Pty Ltd T/A Built Electrical (SA) Single Enterprise Agreement 2013, sought to govern the terms and conditions of employment for the employees of the company. The application for approval was made under the Fair Work Act 2009, which mandates that certain enterprise agreements be approved by the Fair Work Commission to ensure they meet specific criteria, including provisions for employee protections and dispute resolution mechanisms.

The legal issues the court was required to decide centred on whether the proposed agreement complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement provided for minimum terms and conditions as stipulated by the Act, and whether it contained appropriate dispute resolution processes. Additionally, the court considered whether the agreement was made in good faith and without coercion, as required by the legislation.

In rendering its decision, the Fair Work Commission examined the provisions of the agreement in detail. The Commission noted that the agreement contained all the mandatory minimum terms and conditions as per the Fair Work Act 2009. It also found that the dispute resolution processes outlined in the agreement were adequate and in line with the legal requirements. Furthermore, there was evidence presented that the agreement was negotiated in good faith and without any form of coercion, thereby satisfying the statutory prerequisites. Consequently, the Commission approved the application for the agreement to be registered, thereby confirming its compliance with the relevant legislative standards.

As a result of the court's decision, the BE (South Australia) Pty Ltd T/A Built Electrical (SA) Single Enterprise Agreement 2013 was approved and registered. This approval ensures that the agreement legally governs the employment terms and conditions for the employees of the company, providing a framework that is compliant with the requirements of the Fair Work Act 2009.

BE (South Australia) Pty Ltd T/A Built Electrical (SA)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established