DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coopelec Pty Ltd
(AG2015/1000)

COOPELEC PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MAY 2015

Application for approval of the Coopelec Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coopelec Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coopelec Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 27 May 2015 and, in accordance with s.54, will operate from 3 June 2015. The nominal expiry date of the Agreement is 27 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Coopelec Pty Ltd, sought approval for the Enterprise Agreement 2015-2019 from the Fair Work Commission. The applicant argued that the agreement was fairly negotiated and met the requirements under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which was tasked with determining whether the agreement complied with the legislative requirements and was appropriately negotiated.

The central legal issue before the court was whether the Enterprise Agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the court needed to assess if the agreement was genuinely bargained, fairly negotiated, and if it met the standards for good faith bargaining as required by the legislation. The court also needed to examine whether the agreement complied with the provisions concerning minimum entitlements, procedural fairness, and other relevant statutory requirements.

The Fair Work Commission determined that the Enterprise Agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act. The Commission found that the bargaining process was conducted in good faith and that the agreement contained provisions that were fair and reasonable. The Commission considered the evidence presented by both parties and concluded that the agreement complied with all relevant statutory requirements. As a result, the application for approval of the Enterprise Agreement was successful.

The Fair Work Commission approved the Enterprise Agreement 2015-2019. The court ordered that the agreement be registered and that it would come into effect from the specified date. The decision confirmed the validity of the agreement and provided clarity on the legal standards for enterprise agreements under the Fair Work Act.

Coopelec Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established