Control and Electric Pty Ltd Summary

[2013] FWCA 2829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Control and Electric Pty Ltd
(AG2013/6161)

CONTROL & ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 8 MAY 2013

Application for approval of the Control and Electric Pty Limited Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Control and Electric Pty Limited Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 (CEPU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want 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 will operate from 15 May 2013. The nominal expiry date of the Agreement is three years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Control and Electric Pty Ltd, the applicants sought approval of the Control and Electric Pty Limited Single Enterprise Agreement 2013. The dispute involved the terms of the agreement, which was intended to regulate the employment conditions of the company's employees. The matter was heard by the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the applicants needed to demonstrate that the agreement had been fairly and properly negotiated and that it complied with the minimum standards set out in the Act. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement had been fairly and properly negotiated, with evidence of genuine consultation between the parties. The Commission also determined that the agreement complied with the minimum standards of the Act and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met the statutory requirements for approval and granted the application.

The Commission approved the Control and Electric Pty Limited Single Enterprise Agreement 2013, with the terms and conditions set out in the agreement to apply to the employees of Control and Electric Pty Ltd. The decision provides a useful example of the considerations that the Commission takes into account when deciding whether to approve an enterprise agreement.

Control and Electric Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established