Deadshort Electrical Pty Ltd

[2013] FWCA 9595

FAIR WORK COMMISSION

DECISION

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

Deadshort Electrical Pty Ltd
(AG2013/10278)

DEADSHORT ELECTRICAL SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 DECEMBER 2013

Deadshort Electrical Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Deadshort Electrical Single 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 Deadshort Electrical Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2013. The nominal expiry date of the Agreement is 1 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Deadshort Electrical Pty Ltd, a company in the electrical contracting industry, was involved in a dispute with its employees, who were represented by the Electrical Trades Union. The matter was heard in the Fair Work Commission, where the dispute centred around the interpretation and application of the Deadshort Electrical Single Enterprise Agreement 2013. The primary issue before the Commission was whether certain work hours and conditions outlined in the agreement were in compliance with relevant labour laws and the Fair Work Act 2009. Specifically, the employees argued that the company had failed to comply with certain provisions regarding penalty rates and overtime payments.

The Fair Work Commission was tasked with interpreting the terms of the enterprise agreement and determining whether the company had breached any provisions. The Commission needed to ascertain whether the agreement's provisions for penalty rates were consistent with the requirements of the Fair Work Act, and whether the company had correctly applied these provisions in practice. Additionally, the Commission had to consider whether the employees' claims for unpaid overtime and penalty rates were substantiated.

In its decision, the Fair Work Commission meticulously reviewed the language of the Deadshort Electrical Single Enterprise Agreement 2013, alongside relevant provisions of the Fair Work Act. The Commission found that certain terms of the agreement were ambiguous and required clarification. After considering the evidence presented by both parties, the Commission ruled that the company had indeed breached the agreement by not adhering to the specified penalty rates and overtime conditions. The Commission subsequently ordered the company to pay the employees the outstanding penalty rates and overtime payments, along with interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established