Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2013] FWCA 3236

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
(AG2013/6416)

AUTOMATIC FIRE PROTECTION & DESIGN PTY LTD ELECTRICAL ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 MAY 2013

Application for approval of the Automatic Fire Protection & Design Pty Ltd Electrical Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Automatic Fire Protection & Design Pty Ltd Electrical Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

This matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Automatic Fire Protection & Design Pty Ltd. The union brought the application before the Fair Work Commission to seek approval of an enterprise agreement. The enterprise agreement, titled the Automatic Fire Protection & Design Pty Ltd Electrical Enterprise Agreement 2013-2016, was to be applied to employees of the company. The dispute centred on whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions were overly stringent and not in line with the company's operational needs. The Commission also had to determine if the agreement provided for a fair and reasonable method for resolving disputes between the parties.

In delivering its decision, the Commission considered the nature of the enterprise and the industry standards. The Commission examined the process by which the agreement was negotiated, the terms of the agreement, and the evidence provided by both parties. It found that the agreement was made in good faith and contained all the necessary minimum terms. The Commission noted that the agreement provided for a fair and reasonable method for resolving disputes, which was crucial for maintaining industrial harmony. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable for the purposes of the Act.

The Fair Work Commission approved the Automatic Fire Protection & Design Pty Ltd Electrical Enterprise Agreement 2013-2016, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the employees are governed by the agreement until its expiry or until a new agreement is made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established