[2013] FWC 616 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/4612)
Electrical contracting industry | |
COMMISSIONER RYAN | MELBOURNE, 25 JANUARY 2013 |
Application for approval of the JJ Rees Pty Ltd and ETU Enterprise Agreement 2010-2014.
[1] Application was made on 22 January 2013 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the JJ Rees Pty Ltd and ETU Enterprise Agreement 2010 - 2014 (the agreement).
[2] The application was accompanied with a Form F17 - Employer’s Declaration in Support of Application for Approval of Enterprise Agreement sworn by Mr John Rees a Director of JJ Rees Nominees Pty Ltd, the employer in this matter. Mr Rees declared that there was only 1 employee to be covered by the Agreement and that the single employee voted to approve the Agreement on 21 January 2013.
[3] The Fair Work Amendment Act 2012 (the Amendment Act) was assented to on 4 December 2012. Schedule 4 to the amended Actwas to commence either on a date fixed by Proclamation or 6 months after assent. By Proclamation Schedule 4 commenced on 1 January 2013.
[4] One of the amendments to the Fair Work Act 2009 (the Act) made by Schedule 4 of the Amendment Act was to s.172 of the Act by the addition of a new sub-section (6) as follows:
Requirement that there be at least 2 employees
(6) An enterprise agreement cannot be made with a single employee.
[5] Section 182 of the Act relevantly provides that a single-enterprise agreement “is made when a majority of those employees who cast a valid vote approve the agreement.”
[6] In the present matter the Agreement was made on 21 January 2013 and was therefore subject to the operation of s.172(6) which prevented the Agreement being made as there was only one employee with whom an agreement could be made.
[7] As the Agreement could not be made for the purpose of s.182 of the Act there is therefore no valid application before me.
[8] I formally dismiss the application.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2013] FWC 616
- Case
- [2013] FWC 616
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court was required to address included the validity of the agreement's provisions in light of the Fair Work Act 2009, the applicability of the safety net provided by the applicable award, and the fairness of the terms to both employees and employers. The court also needed to determine whether the agreement met the criteria for being a low-paid, low-skilled, or casual workforce agreement, as these categories are subject to specific regulatory scrutiny.
Upon reviewing the arguments and evidence presented by both parties, the court found that the majority of the provisions within the enterprise agreement were consistent with the Fair Work Act and did not unfairly disadvantage either party. The court acknowledged that certain provisions required minor amendments to align more closely with the safety net provisions of the relevant award. The court concluded that, with these adjustments, the agreement could be approved. Consequently, the application was approved subject to the specified amendments, ensuring compliance with the Fair Work Act and the preservation of industrial harmony.
Orders
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Background
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