e elec Pty Ltd

[2013] FWCA 3686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

e elec Pty Ltd
(AG2013/6513)

E ELEC PTY LTD ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JUNE 2013

Application for approval of the e elec Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the e elec Pty Ltd Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by e elec 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 14 June 2013. The nominal expiry date of the Agreement is 13 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were e elec Pty Ltd and the Electrical Trades Union of Australia. The dispute was regarding the approval of the e elec Pty Ltd Enterprise Agreement 2013-2017, which was to be submitted to the Fair Work Commission for approval. The case was heard in the Fair Work Commission of Australia.

The legal issues that the Fair Work Commission had to decide were whether the agreement was in the best interests of the employees and whether it complied with the relevant legislation. The Commission had to consider the provisions of the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, and the Fair Work Regulations 2009. The Commission also had to consider the nature of the bargaining process that led to the agreement and whether it was fair and reasonable.

The Fair Work Commission found that the agreement was in the best interests of the employees and that it complied with the relevant legislation. The Commission found that the agreement was the result of good faith bargaining between the parties and that it was fair and reasonable. The Commission noted that the agreement provided for a number of benefits to the employees, including wage increases, improved leave entitlements, and better working conditions. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the e elec Pty Ltd Enterprise Agreement 2013-2017. The Commission found that the agreement was in the best interests of the employees and that it complied with the relevant legislation. The Commission noted that the agreement was the result of good faith bargaining between the parties and that it was fair and reasonable. The agreement was therefore approved and will be registered by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established