| [2022] FWCA 634 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Camden Valley Electrical & Electronic Services Pty Limited
(AG2022/108)
Camden Valley Electrical & Electronic Services Pty Ltd Single Enterprise Agreement 2021
| Electrical contracting industry | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 23 FEBRUARY 2022 |
Application for approval of the Camden Valley Electrical & Electronic Services Pty Ltd Single Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Camden Valley Electrical & Electronic Services Pty Ltd Single Enterprise Agreement 2021(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camden Valley Electrical & Electronic Services Pty Limited. The Agreement is a single enterprise agreement.
The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, 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.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Agreement was approved on 23 February 2022 and, in accordance with s.54, will operate from 2 March 2022. The nominal expiry date of the Agreement is 23 February 2026.
COMMISSIONER
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Annexure A
- AGLC
- Camden Valley Electrical & Electronic Services Pty Limited [2022] FWCA 634
- Case
- [2022] FWCA 634
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission included whether the agreement provided fair and equitable terms for the employees, whether it adhered to the provisions of the Fair Work Act, and if it appropriately balanced the interests of the employer and the employees. Furthermore, the Commission had to ensure that the agreement did not undermine the fundamental protections afforded to employees under Australian labour law. The submissions from both Camden Valley Electrical & Electronic Services and the representatives for the employees were considered in detail, with the Commission assessing the fairness and appropriateness of the proposed terms.
After a thorough review of the submissions and relevant legal frameworks, the Commission determined that the Camden Valley Electrical & Electronic Services Pty Ltd Single Enterprise Agreement 2021 was fair and met all necessary legislative criteria. The agreement was found to adequately protect the rights and interests of the employees while also providing the employer with the flexibility needed to operate effectively. The Commission approved the agreement, acknowledging the balanced approach taken in its formulation and the benefits it would bring to both parties. Consequently, the agreement was endorsed, and the Commission issued an approval certificate for the Single Enterprise Agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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