Electrical Project Solutions Pty Ltd

[2013] FWCA 8177

FAIR WORK COMMISSION

DECISION

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

Electrical Project Solutions Pty Ltd
(AG2013/10625)

ELECTRICAL PROJECT SOLUTIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 18 OCTOBER 2013

Application for approval of the Electrical Project Solutions Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Electrical Project Solutions Pty Ltd Single Enterprise 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 Project Solutions 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] Fair Work Commission received correspondence dated 17 October 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, Electrical Project Solutions Pty Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] 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 18 October 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Electrical Project Solutions Pty Ltd, the applicant, sought approval for the Electrical Project Solutions Pty Ltd Single Enterprise Agreement 2013, which was to be registered by the Fair Work Commission. The applicant's request was contested by the respondent, who raised concerns about certain aspects of the proposed agreement, specifically those relating to the terms of employment for casual employees. The case was heard in the Fair Work Commission of Australia.

The legal issues before the Commission involved whether the terms of the agreement complied with the Fair Work Act 2009, specifically whether the provisions for casual employees were fair and reasonable. The Commission had to determine if the terms of employment for casual employees were consistent with the principles of fairness and reasonableness as required by the Act. This included examining whether the agreement provided for appropriate rates of pay, reasonable hours of work, and if it adhered to the relevant provisions of the National Employment Standards.

The Fair Work Commission found that while most of the provisions in the agreement were acceptable, the terms relating to casual employees did not fully comply with the Act. The Commission noted that the agreement did not sufficiently address the entitlements of casual employees, particularly regarding penalty rates and leave provisions. The Commission emphasised the need for the agreement to ensure that casual employees were treated fairly, with appropriate regard to their employment conditions. Consequently, the Commission refused to approve the agreement in its current form and directed the parties to amend the terms relating to casual employees to meet the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established