Breaker Electrical Pty Ltd

[2014] FWCA 8366

FAIR WORK COMMISSION

DECISION

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

Breaker Electrical Pty Ltd
(AG2014/8152)

BREAKER ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 NOVEMBER 2014

Application for approval of the Breaker Electrical Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 November 2014 by Breaker Electrical Pty Ltd for the approval of a single-enterprise agreement known as the Breaker Electrical Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] On 27 November 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Breaker Electrical Pty Ltd and its employees, who were represented by the Electrical Trades Union of Australia. The dispute was over the approval of an enterprise agreement, specifically the Breaker Electrical Pty Ltd Enterprise Agreement 2014. This matter was heard in the Fair Work Commission.

The primary legal issue for the Commission to determine was whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved. This included whether the agreement was made in good faith, free from coercion and whether it complied with the "better off overall test". The Commission also needed to consider whether the agreement contained terms that were contrary to public policy.

The Fair Work Commission determined that the agreement was made in good faith and was free from any form of coercion. The Commission found that the agreement satisfied the better off overall test, meaning that on balance, the employees were better off with the agreement than without it. The Commission also confirmed that none of the terms in the agreement contravened public policy. Consequently, the Commission approved the Breaker Electrical Pty Ltd Enterprise Agreement 2014.

The Fair Work Commission's final order was the approval of the Breaker Electrical Pty Ltd Enterprise Agreement 2014, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were directed to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established