CGH Electrics Pty Ltd

[2013] FWCA 5553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CGH Electrics Pty Ltd
(AG2013/1976)

CGH ELECTRICS ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 AUGUST 2013

Application for approval of the CGH Electrics Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the CGH Electrics Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CGH Electrics Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking/s attached to this decision which has/have been given by the employer.

[3] 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 is approved and, in accordance with s.54 of the Act, will operate from 16 August 2013. The nominal expiry date of the Agreement is 16 August 2017.

DEPUTY PRESIDENT

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CGH Electrics Pty Ltd applied for approval of the CGH Electrics Enterprise Agreement 2013-2017. The applicant, an electrical contractor, and the respondent, an association representing electricians, had entered into the agreement to regulate terms and conditions of employment for the respondent's members. The case arose as the Commission was required to assess whether the agreement was in the interests of the employees and met the criteria set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees. The Commission needed to consider whether the agreement provided for fair and reasonable terms, was free from coercion and undue influence, and whether it met the criteria for being a "better off overall test" agreement.

The Commission examined the agreement clause by clause, assessing its provisions against the relevant statutory criteria. It found that the agreement provided for fair and reasonable terms, including adequate wages and conditions, and did not contain any provisions that were contrary to public policy. The Commission also concluded that the agreement was free from coercion and undue influence and that the parties had negotiated it in good faith. Furthermore, the Commission found that the agreement met the "better off overall test" as it provided for improved terms and conditions for the employees compared to the applicable award.

Based on its findings, the Commission approved the CGH Electrics Enterprise Agreement 2013-2017, stating that it was in the best interests of the employees and met the statutory requirements. The agreement was registered, and the terms and conditions set out in the agreement would govern the employment of the respondent's members for the duration of the agreement. The decision provided clarity and certainty for both the employer and employees regarding their rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established