D&L Hueppauff Pty Ltd T/A Hueppauff Electrical Summary

[2014] FWCA 4661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D&L Hueppauff Pty Ltd T/A Hueppauff Electrical
(AG2014/6162)

D&L HUEPPAUFF PTY LTD ENTERPRISE AGREEMENT - 2014/2018

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 JULY 2014

Application for approval of the D&L Hueppauff Pty Ltd Enterprise Agreement - 2014/2018.

[1] An application has been made for approval of an enterprise agreement known as the D&L Hueppauff Pty Ltd Enterprise Agreement - 2014/2018 (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.

[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] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved D&L Hueppauff Pty Ltd, trading as Hueppauff Electrical, and the Fair Work Commission (FWC). The matter before the FWC was an application for the approval of the D&L Hueppauff Pty Ltd Enterprise Agreement 2014/2018. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary concern was whether the agreement provided for fair and reasonable terms and conditions of employment for the relevant employees.

The central legal issue was whether the terms of the enterprise agreement aligned with the requirements of the Fair Work Act. Specifically, the FWC had to consider whether the agreement ensured fairness for employees by providing terms and conditions that were no less favourable than the applicable awards or modern awards. The FWC also needed to evaluate whether the agreement was made in good faith and whether the parties had made a genuine effort to reach an agreement.

In its decision, the FWC examined the contents of the enterprise agreement closely. It noted that the agreement provided for various terms and conditions, including wages, hours of work, and other employment conditions. The FWC found that the agreement contained provisions that were generally consistent with the relevant awards and did not disadvantage employees. The FWC also considered the process by which the agreement was negotiated and concluded that the agreement was made in good faith. Based on these findings, the FWC approved the enterprise agreement, determining that it met the necessary criteria for approval.

The FWC's final order was to approve the D&L Hueppauff Pty Ltd Enterprise Agreement 2014/2018, effective from the date of the decision. The approval confirmed that the agreement could be applied to the relevant employees, providing them with the terms and conditions as outlined in the agreement.

D&L Hueppauff Pty Ltd T/A Hueppauff Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established