Crown Electrical Pty Ltd Summary

[2013] FWCA 361

FAIR WORK COMMISSION

DECISION

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

Crown Electrical Pty Ltd
(AG2012/14346)

CROWN ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 17 JANUARY 2013

Application for approval of the Crown Electrical Pty Ltd Single Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Crown Electrical Pty Ltd Single 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.

Undertakings

[2] An undertaking with respect to clause 7 - Leave Entitlements, and in particular, subclause 7.1, the provision of five weeks annual leave for shift workers in accordance with the National Employment Standards, has been provided by the employer.

[3] An undertaking with respect to clause 7 - Leave Entitlements, and in particular, subclause 7.8, the request to work on a public holiday, has been provided by the Applicant.

[4] An undertaking with respect to clause 10 - Dispute Settlement Procedure,applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] The Agreement covers electrical staff within the definitions at 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.

[7] 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.

[8] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 24 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Electrical Pty Ltd recently appeared before the Fair Work Commission, seeking approval of its 2012 Single Enterprise Agreement. The dispute centred on the application's compliance with the relevant legislative and regulatory framework, specifically the Fair Work Act 2009. The applicant, Crown Electrical, sought to have the agreement certified as meeting the necessary criteria for a single enterprise agreement.

The central legal issues revolved around whether the agreement complied with the requirements set out in the Fair Work Act, including provisions concerning good faith bargaining and the substantive benefits provided to employees. The applicant argued that the agreement was fairly negotiated and met all statutory requirements. The Commission needed to assess the evidence presented regarding the negotiation process and the content of the agreement to determine its compliance.

The Fair Work Commission carefully examined the evidence provided by Crown Electrical regarding the negotiation process and the terms of the agreement. The Commission found that the agreement was indeed the product of genuine good faith bargaining, as required by the Act. The agreement also provided substantive benefits to employees that were fair and reasonable. Consequently, the Commission approved the application for the agreement to be certified, confirming its compliance with the legislative requirements. The decision ensures that the agreement will now serve as a binding contract between Crown Electrical and its employees.

Crown Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established