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

[2013] FWCA 2518

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/598)

DYNAMITE ELECTRICAL PTY LTD UNION ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 24 APRIL 2013

Application for approval of the Dynamite Electrical Pty Ltd Union Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Dynamite Electrical Pty Ltd Union Enterprise Agreement 2012 (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.

Extension of time

[2] The application was lodged at Sydney on 13 March 2013. Section 185(3)(a) of the Actprovides that an application for approval must be made within 14 days after the Agreement is made. I note that the application was lodged out of time. Section 185(3)(b) of the Actconfers a discretion on FWC to extend time. In light of the reasons provided by the Applicant, I have decided to exercise the discretion provided by subsection 185(3)(b) of the Act and extend time accordingly.

[3] The Agreement covers trade employees as defined in Schedule A of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[5] 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) I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 1 May 2013. The nominal expiry date of the Agreement is 15 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the Dynamite Electrical Pty Ltd Union Enterprise Agreement 2012, submitted by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement was entered into between Dynamite Electrical Pty Ltd and the union, with the objective of regulating employment terms and conditions for the union's members working for the company. The union sought the commission's approval of the agreement, which it believed would provide fair and reasonable terms for its members.

The legal issues that the commission needed to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it contained terms that were fair and reasonable for the employees. This involved assessing whether the agreement was genuinely negotiated, whether it contained minimum entitlements, and whether it adhered to the relevant provisions of the Act. The commission also needed to determine whether any terms of the agreement were unfair or unreasonable.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated between the parties and contained the required minimum entitlements. The commission also found that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the parties' bargaining positions. The commission noted that the agreement provided for adequate protections for employees, including provisions for leave, termination, and dispute resolution. As such, the commission approved the agreement, finding it to be in compliance with the statutory requirements and fair and reasonable for the employees.

The Fair Work Commission approved the Dynamite Electrical Pty Ltd Union Enterprise Agreement 2012, determining that it met the necessary criteria for genuine negotiation and contained fair and reasonable terms for employees. The commission's decision provides a clear framework for assessing union enterprise agreements and reinforces the importance of fair and reasonable terms in the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established