Bradwell Electrics Pty Ltd

[2013] FWCA 4255

FAIR WORK COMMISSION

DECISION

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

Bradwell Electrics Pty Ltd
(AG2013/6747)

BRADWELL ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 1 JULY 2013

Application for approval of the Bradwell Electrics Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bradwell Electrics Pty Ltd 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

Bradwell Electrics Pty Ltd recently sought approval for their Single Enterprise Agreement 2013, which was brought before the Fair Work Commission. This application was necessary to ensure that the agreement would meet the requirements of the Fair Work Act 2009 and would be applicable to the employees of Bradwell Electrics. The nature of the dispute revolved around the provisions of the proposed agreement and whether it complied with the relevant legislative framework.

The central legal issues addressed by the court included whether the agreement adequately covered the terms and conditions of employment for the employees, whether it met the procedural requirements for approval, and whether it was fair and reasonable. Specifically, the court examined whether the agreement provided for fair and reasonable terms and conditions, including minimum wages, leave entitlements, and other employment-related matters. Additionally, the court had to determine if the agreement was made in good faith and whether the necessary consultation processes were followed.

In delivering its decision, the Fair Work Commission examined the content of the proposed agreement in detail, taking into account the submissions from both Bradwell Electrics and the relevant employee representatives. The court found that the agreement contained terms that were fair and reasonable, and it complied with the procedural requirements of the Fair Work Act. The court was satisfied that the agreement had been made in good faith and that the necessary consultation processes had been undertaken. Consequently, the court approved the Bradwell Electrics Pty Ltd Single Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established