Electaire Pty Ltd

[2013] FWCA 3745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electaire Pty Ltd
(AG2013/6624)

ELECTAIRE PTY LTD METAL WORKER COLLECTIVE AGREEMENT FOR ACT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 12 JUNE 2013

Application for approval of the ELECTAIRE PTY LTD Metal worker Collective Agreement for ACT 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the ELECTAIRE PTY LTD Metal worker Collective Agreement for ACT 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electaire Pty Ltd. The Agreement is a single enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which clarifies the intended operation of a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking given, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Electaire Pty Ltd sought approval of the Metal Worker Collective Agreement for ACT 2012-2016, which was a matter before the Fair Work Commission. The applicant argued that the agreement was in the best interests of the employees and the industry as a whole, while the respondent raised concerns about certain provisions of the agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it was in the best interests of the employees, and whether it complied with relevant legislation. The Commission also considered whether certain provisions of the agreement were contrary to public policy.

The Commission found that the agreement was genuinely negotiated and in the best interests of the employees. The Commission also found that the agreement complied with relevant legislation and did not contravene public policy. The Commission approved the agreement, subject to certain modifications to address the respondent's concerns.

The final orders of the Commission included the approval of the Metal Worker Collective Agreement for ACT 2012-2016, subject to certain modifications. The modifications included changes to the dispute resolution provisions of the agreement, to ensure that they were consistent with the Fair Work Act 2009. The Commission also ordered that the agreement be registered with the Australian Industrial Relations Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established