Delgo Pty Ltd atf The Westwide Electrical Unit Trust T/A Westwide Electrical Services

[2013] FWCA 9017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delgo Pty Ltd atf The Westwide Electrical Unit Trust T/A Westwide Electrical Services
(AG2013/11113)

WESTWIDE ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the Westwide Electrical Services Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Westwide Electrical Services Enterprise 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 Delgo Pty Ltd atf The Westwide Electrical Unit Trust T/A Westwide Electrical Services . 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 Agreement was approved on 18 November 2013 and, in accordance with s.54, will operate from 25 November 2013. The nominal expiry date of the Agreement is 18 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Delgo Pty Ltd, acting on behalf of The Westwide Electrical Unit Trust under the trading name Westwide Electrical Services, applied for the approval of the Westwide Electrical Services Enterprise Agreement 2013-2017. The application was made before the Fair Work Commission. The dispute centred on whether the agreement, which contained provisions regarding wages, hours, and other employment conditions, complied with the relevant legislative standards and whether it adequately protected the rights of the employees.

The central legal issues were whether the agreement met the requirements of the Fair Work Act 2009 and whether it had been genuinely agreed upon by the parties involved. The court needed to determine if the agreement was fair and reasonable, and if it provided adequate protections for the employees while also balancing the interests of the employer. The court also considered whether the agreement had been negotiated in good faith and whether it was free from any improper influence or coercion.

The Fair Work Commission found that the agreement did comply with the Fair Work Act and was genuinely agreed upon by the parties. The court noted that the agreement provided fair and reasonable terms and conditions for the employees, including provisions for minimum wage rates, overtime, and other employment conditions. The Commission also found that the agreement had been negotiated in good faith and was free from any improper influence. Therefore, the Fair Work Commission approved the Westwide Electrical Services Enterprise Agreement 2013-2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established