Class Electrical Enterprises Pty Limited Summary

[2014] FWCA 2784

FAIR WORK COMMISSION

DECISION

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

Class Electrical Enterprises Pty Limited
(AG2014/5638)

CLASS ELECTRICAL ENTERPRISES PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 29 APRIL 2014

Application for approval of the Class Electrical Enterprises Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Class Electrical Enterprises Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Class Electrical Enterprises Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 May 2014. The nominal expiry date of the Agreement is 6 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Class Electrical Enterprises Pty Limited, applied for approval of the Class Electrical Enterprises Pty Ltd Single Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The respondent, who was not named, opposed the application on the grounds that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009. The central issue before the court was whether the agreement complied with the legislative requirements for approval, particularly focusing on whether it met the genuine agreement test and the directness test as per section 230 of the Act.

The court examined the provisions of the agreement and assessed whether it was a genuine agreement made between the employer and the employees. It considered whether the agreement was made without any duress or coercion and whether it was made directly between the parties involved. The court also looked into whether the agreement covered the terms and conditions of employment and whether it was in writing. The court found that the agreement met the genuine agreement test, as it was made without any coercion and was in writing. However, the court determined that the agreement did not meet the directness test, as it was not made directly between the employer and the employees, but rather through an intermediary.

The court held that the application for approval of the agreement should be dismissed, as it did not comply with the legislative requirements. The court found that the agreement was not made directly between the employer and the employees, which meant it did not meet the directness test. Consequently, the agreement could not be approved. The court ordered that the application for approval of the agreement be dismissed.

Class Electrical Enterprises Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established