Dalgleish Enterprises Pty Ltd T/A ERA Contractors Summary

[2014] FWCA 918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dalgleish Enterprises Pty Ltd T/A ERA Contractors
(AG2013/11774)

ERA CONTRACTORS ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 FEBRUARY 2014

Application for approval of the ERA Contractors Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ERA Contractors Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dalgleish Enterprises Pty Ltd. 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 7 February 2014 and, in accordance with s.54, will operate from 14 February 2014. The nominal expiry date of the Agreement is 7 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Dalgleish Enterprises Pty Ltd trading as ERA Contractors, sought approval of the ERA Contractors Enterprise Agreement 2013. The applicant argued that the agreement was a lawful and fair one, meeting all necessary criteria under the Fair Work Act 2009. The dispute arose as the applicant required formal approval of the agreement to ensure its enforceability and compliance with national workplace laws.

The legal issues before the Commission included whether the agreement was a bona fide enterprise agreement, if it contained all mandatory terms and conditions, and if it was fairly negotiated. The Commission had to examine the process of agreement formation, including the evidence of genuine negotiation, the scope of bargaining, and the fairness of the terms. Additionally, the Commission needed to ensure that the agreement met the statutory requirements for approval, including provisions for minimum wages and conditions.

The Commission found that the agreement was genuinely negotiated and contained all mandatory terms and conditions. The applicant provided evidence of a comprehensive negotiation process and the inclusion of all required provisions. The terms of the agreement were deemed fair, reasonable, and consistent with national workplace laws. The Commission was satisfied that the agreement met all criteria for approval under the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the ERA Contractors Enterprise Agreement 2013. The decision was made in favour of the applicant, recognising the agreement as a lawful and fair enterprise agreement. The approval ensures that the agreement is enforceable and compliant with national workplace laws.

Dalgleish Enterprises Pty Ltd T/A ERA Contractors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established