CVSG Electrical Construction Pty Ltd Summary

[2013] FWCA 1543

FAIR WORK COMMISSION

DECISION

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

CVSG Electrical Construction Pty Ltd
(AG2013/420)

THE CVSG ELECTRICAL CONSTRUCTION ENTERPRISE BARGAINING AGREEMENT - 2013-2017

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 14 MARCH 2013

Application for approval of the CVSG Electrical Construction Enterprise Bargaining Agreement - 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the CVSG Electrical Construction Enterprise Bargaining Agreement - 2013-2017(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the CVSG Electrical Construction Pty Ltd. The agreement is a single enterprise agreement.

[2] On 4 March 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 21 March 2013. The nominal expiry date of the agreement is 13 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the CVSG Electrical Construction Enterprise Bargaining Agreement 2013-2017, between the employer, CVSG Electrical Construction Pty Ltd, and the union, the Electrical Trades Union of Australia. The union sought to have the agreement approved under section 233 of the Fair Work Act 2009, on the basis that it was a simple, fair and efficient agreement. The employer opposed the application, contending that the agreement contained unfair terms, and that the union had not followed the correct process in seeking approval. The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act, including whether it was a simple, fair and efficient agreement, and whether the union had followed the correct process in seeking approval.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The commission found that the agreement was a simple, fair and efficient agreement, and that the union had followed the correct process in seeking approval. The commission noted that the agreement contained provisions for the protection of employees' rights and interests, and that it provided for a fair and efficient resolution of disputes between the parties. The commission also found that the employer had not provided sufficient evidence to demonstrate that the agreement contained unfair terms. The commission concluded that the agreement should be approved, and made an order approving the agreement.

The Fair Work Commission's decision in this case provides guidance to employers and unions on the requirements for approving enterprise bargaining agreements under the Fair Work Act. The commission's finding that the agreement in this case met the criteria for approval demonstrates the importance of ensuring that agreements are simple, fair and efficient, and that they provide for the protection of employees' rights and interests. The commission's decision also highlights the importance of following the correct process in seeking approval for an agreement. This decision is likely to be of interest to employers and unions in the electrical construction industry, as well as to those in other industries who are seeking to negotiate and approve enterprise bargaining agreements.

CVSG Electrical Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established