Bigham Electrical Pty Ltd

[2014] FWCA 374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bigham Electrical Pty Ltd
(AG2013/10074)

BIGHAM ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 JANUARY 2014

Application for approval of the Bigham Electrical Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bigham Electrical Pty Ltd Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bigham Electrical Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Bigham Electrical Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2014. The nominal expiry date of the Agreement is 21 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bigham Electrical Pty Ltd, sought the approval of an enterprise agreement dated 2013 to 2017. The applicant contended that the agreement had been fairly and properly negotiated and was in the best interests of the employees. The application was brought before the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement had been fairly and properly negotiated, and whether it contained terms that were in the best interests of the employees. This required an examination of the negotiation process, the terms of the agreement, and the interests of the employees.

The Commission found that the enterprise agreement had indeed been fairly and properly negotiated, and that it contained terms that were in the best interests of the employees. The Commission noted that the agreement had been negotiated in good faith, and that it contained a range of benefits for the employees, including higher wages, improved conditions, and better job security. The Commission also noted that the agreement had been endorsed by a majority of the employees, which was an indication of its fairness and reasonableness.

As a result of its findings, the Commission approved the enterprise agreement, and its terms became binding on the parties from the date of the decision. This decision provides important guidance for employers and employees in the negotiation and approval of enterprise agreements, and highlights the importance of fair and reasonable negotiations in achieving a successful outcome for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established