Condamine Electric Company Pty Ltd

[2013] FWCA 3261

FAIR WORK COMMISSION

DECISION

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

Condamine Electric Company Pty Ltd
(AG2013/1117)

CONDAMINE ELECTRIC COMPANY ENTERPRISE BARGAINING AGREEMENT 2013 (UPSTREAM GAS FIELD PROJECTS)

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 23 MAY 2013

Application for approval of the Condamine Electric Company Enterprise Bargaining Agreement 2013 (Upstream Gas Field Projects).

[1] An application has been made for approval of an enterprise agreement known as the Condamine Electric Company Enterprise Bargaining Agreement 2013 (Upstream Gas Field Projects) (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Condamine Electric Company Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 30 May 2013. The nominal expiry date of the agreement is 29 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the recent application by the Fair Work Commission, Condamine Electric Company Pty Ltd sought approval for the Condamine Electric Company Enterprise Bargaining Agreement 2013, which pertains to upstream gas field projects. The application was brought before the Commission in light of the need to formalise the terms and conditions of employment for workers in the upstream gas field projects sector. The Commission's task was to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided a safety net for employees, offered fair and reasonable terms, and was consistent with the broader objectives of the Fair Work Act. The Commission needed to ensure that the agreement did not undermine the existing minimum entitlements and that it provided a fair and balanced framework for the resolution of workplace issues. The Commission also had to consider whether the agreement adequately protected the rights of employees and provided a fair mechanism for the resolution of disputes.

After examining the provisions of the proposed agreement, the Commission found that it provided a comprehensive and fair framework for employees working in the upstream gas field projects sector. The agreement offered a safety net for employees by setting out clear terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement provided fair and reasonable terms for both employers and employees, and that it was consistent with the broader objectives of the Fair Work Act. Accordingly, the Commission approved the Condamine Electric Company Enterprise Bargaining Agreement 2013, subject to certain conditions.

The Fair Work Commission has approved the Condamine Electric Company Enterprise Bargaining Agreement 2013, effective from the date of the decision. The approval is subject to specific conditions, including the requirement that the agreement be registered with the Fair Work Commission and that it be brought to the attention of all relevant employees. The Commission has also directed that the agreement be reviewed periodically to ensure that it remains fair and reasonable for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established