BSH Electrical Pty Ltd Summary

[2013] FWCA 5793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BSH Electrical Pty Ltd
(AG2013/7551)

BSH ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 AUGUST 2013

Application for approval of the BSH Electrical Pty Ltd Enterprise Agreement 2013.

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

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 22 August 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BSH Electrical Pty Ltd sought approval of an enterprise agreement that had been negotiated with the Electrical Trades Union. The company and the union applied to the Fair Work Commission for the agreement to be approved. The application was made under the Fair Work Act 2009. The employer and the union argued that the agreement should be approved as it met the "better off overall test". The employer argued that the agreement was in the interests of the employees as it provided for a 2.5% wage increase over two years, as well as other benefits including a reduction in the standard working week from 38 to 36 hours.

The union argued that the agreement met the "better off overall test" as it provided for improved wages and conditions for the employees. The union argued that the agreement provided for a 2.5% wage increase over two years, as well as other benefits including a reduction in the standard working week from 38 to 36 hours. The union argued that the agreement was in the interests of the employees as it provided for improved wages and conditions. The union also argued that the agreement was in the interests of the employer as it provided for improved productivity and reduced absenteeism.

The Commission found that the agreement met the "better off overall test" as it provided for improved wages and conditions for the employees. The Commission found that the agreement provided for a 2.5% wage increase over two years, as well as other benefits including a reduction in the standard working week from 38 to 36 hours. The Commission found that the agreement was in the interests of the employees as it provided for improved wages and conditions. The Commission found that the agreement was in the interests of the employer as it provided for improved productivity and reduced absenteeism. The Commission approved the agreement.

The Commission approved the enterprise agreement and ordered that it be registered. The agreement was to be in effect from the date of the Commission's decision and was to remain in effect for a period of two years.

BSH Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established