EL ES DE Engineering Pty Ltd

[2013] FWCA 2486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EL ES DE Engineering Pty Ltd
(AG2013/5859)

EL ES DE ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 APRIL 2013

Application for approval of the EL ES DE Engineering Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the EL ES DE Engineering Pty Ltd Enterprise Agreement 2012 (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 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 1 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were EL ES DE Engineering Pty Ltd and the Electrical Trades Union of Australia. The dispute concerned the approval of the EL ES DE Engineering Pty Ltd Enterprise Agreement 2012. The Fair Work Commission was the court that heard this matter. The Electrical Trades Union of Australia applied for the approval of the enterprise agreement, which had been negotiated between the union and the employer. The union argued that the agreement was fair and reasonable, while the employer raised concerns about specific provisions in the agreement.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if it provided for the employees' wages and conditions in a fair and reasonable manner. The Commission had to consider whether the agreement complied with the "better off overall test" and whether it contained provisions that were contrary to public policy. The Commission also had to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission found that the EL ES DE Engineering Pty Ltd Enterprise Agreement 2012 met the requirements for approval under the Fair Work Act 2009. The Commission concluded that the agreement was fair and reasonable, as it provided for employees' wages and conditions in a manner that was consistent with the "better off overall test." The Commission also found that the agreement did not contain any provisions that were contrary to public policy and was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. Consequently, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the EL ES DE Engineering Pty Ltd Enterprise Agreement 2012 was approved and became legally binding on the employer and the employees covered by the agreement. The Fair Work Commission's approval of the agreement resolved the dispute between the parties and provided a framework for the wages and conditions of employment for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established