DECISION

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

C & M Electrics (VIC) Pty Ltd T/A SS Electrics
(AG2015/869)

SS ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

Application for approval of the SS Electrics Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the SS Electrics Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C & M Electrics (Vic) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 25 May 2015 and, in accordance with s.54, will operate from 1 June 2015. The nominal expiry date of the Agreement is 25 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves C & M Electrics (VIC) Pty Ltd trading as SS Electrics, which applied for the approval of the SS Electrics Pty Ltd Enterprise Agreement 2015-2018 before the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the application raised questions about whether the agreement provided for the proper management of the enterprise, included appropriate dispute resolution mechanisms, and was fair and reasonable in all respects.

The central legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements for approval, particularly in terms of procedural fairness, the provision for appropriate dispute resolution, and the overall fairness and reasonableness of the agreement. The Commission needed to determine if the agreement contained adequate provisions for resolving disputes between the employer and employees and whether it adequately safeguarded the interests of the employees.

In its decision, the Fair Work Commission carefully examined the terms of the proposed agreement, focusing on the dispute resolution provisions and the overall fairness of the agreement. The Commission noted that the agreement included mechanisms for resolving disputes, albeit with some procedural limitations. However, the Commission found that these limitations did not render the agreement unfair or unreasonable, given the context and the specific circumstances of the enterprise. The Commission concluded that the agreement provided for the proper management of the enterprise and was fair and reasonable in all respects, thereby meeting the statutory criteria for approval.

The Fair Work Commission approved the SS Electrics Pty Ltd Enterprise Agreement 2015-2018, subject to certain conditions and modifications to enhance the dispute resolution provisions. The Commission's decision was based on the overall fairness and reasonableness of the agreement, despite some procedural limitations in the dispute resolution mechanisms.

C & M Electrics (VIC) Pty Ltd T/A SS Electrics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established