DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cable Works Pty Ltd
(AG2017/6290)

CABLE WORKS PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 APRIL 2018

Application for approval of the Cable Works Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cable Works Pty Ltd Enterprise Agreement2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cable Works Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2018. The nominal expiry date of the Agreement is 8 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cable Works Pty Ltd was the subject of an application for approval of its Enterprise Agreement 2017-2021. The applicant, Cable Works, sought approval from the Fair Work Commission. The Fair Work Commission is Australia's national workplace relations tribunal and is responsible for the resolution of workplace disputes. The dispute involved the terms and conditions of employment for employees under the proposed enterprise agreement, including wages, hours of work, leave entitlements, and other employment conditions. The legal issues the court had to decide centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court needed to determine whether the agreement met the requirements for good faith bargaining and whether it provided for a safety net of minimum entitlements that were no less favourable than the relevant award or registered agreement.

The court examined the bargaining process to ensure it was conducted in good faith and whether the agreement provided for a safety net of minimum entitlements that were no less favourable than the relevant award or registered agreement. The court found that Cable Works had engaged in genuine bargaining with its employees and that the proposed agreement met the requirements for good faith bargaining. The court also found that the proposed agreement provided for a safety net of minimum entitlements that were no less favourable than the relevant award or registered agreement. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and approved the enterprise agreement. The approval of the agreement means that it will be legally binding on Cable Works and its employees for the duration of the agreement.

Cable Works Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established