David Baker Summary | CaseChat AU

[2013] FWCA 10084

FAIR WORK COMMISSION

DECISION

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

David Baker
(AG2013/11602)

EMES SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 DECEMBER 2013

Application for approval of the EMES Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the EMES Single Enterprise Agreement 2013 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of David Baker, the applicant sought approval for the EMES Single Enterprise Agreement 2013. The dispute centred on the procedural fairness and the proper application of the relevant legislative provisions governing the approval of such agreements. The matter was heard by the Fair Work Commission.

The central legal issues revolved around whether the applicant had appropriately engaged with the relevant stakeholders during the negotiation process and whether the agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the court had to determine if the negotiation process was conducted in good faith and if the agreement was made in the spirit of cooperation.

The Fair Work Commission found that the negotiation process was not conducted in a manner that met the standards of procedural fairness. The Commission concluded that there was a failure to engage with relevant stakeholders as required by the legislation, and that the agreement did not reflect the necessary spirit of cooperation. Consequently, the application for approval was dismissed. The Commission emphasized the importance of following proper procedures and engaging genuinely with all parties involved in the negotiation of enterprise agreements. The decision underscored the necessity for compliance with legislative requirements to ensure fair and effective industrial relations practices.

David Baker

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established