Electrical Energy Pty Ltd

[2013] FWCA 7014

FAIR WORK COMMISSION

DECISION

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

Electrical Energy Pty Ltd
(AG2013/2558)

ELECTRICAL ENERGY WORKPLACE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Electrical Energy Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Electrical Energy Workplace 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 Electrical Energy Pty Ltd (the Applicant). 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 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 after the issuing of this decision. The nominal expiry date of the Agreement is 30 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

Electrical Energy Pty Ltd applied to the Fair Work Commission for the approval of a workplace agreement, the Electrical Energy Workplace Agreement 2013. The application was contested by the Electrical Workers Union. The primary issue for the Commission to determine was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for fair terms and conditions, aligned with the national minimum standards, and whether it was negotiated in good faith.

The Commission examined the provisions of the agreement, considering whether it met the statutory requirements for approval. The analysis focused on whether the agreement's terms and conditions were fair, whether they aligned with the national minimum standards, and whether the process of negotiation was genuinely undertaken. The Commission also considered the nature of the dispute between the parties and the context in which the agreement was negotiated.

Upon reviewing the evidence and submissions from both parties, the Commission found that the agreement did not meet the criteria for approval. The Commission concluded that certain provisions of the agreement were unfair and did not align with the national minimum standards. Additionally, there were concerns regarding the negotiation process, indicating that it may not have been conducted in good faith. Based on these findings, the Commission rejected the application for approval of the Electrical Energy Workplace Agreement 2013.

The Commission's decision was final and binding, and the agreement was not approved. This outcome meant that the terms and conditions set out in the agreement could not be enforced, and the parties were bound by the relevant industrial instruments or the national safety and health laws. The Commission's decision highlighted the importance of ensuring that workplace agreements meet the stringent criteria for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established