Electrix Pty Ltd

[2014] FWCA 1617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrix Pty Ltd
(AG2014/395)

ELECTRIX PTY LTD WESTERN AUSTRALIAN POWER UTILITIES ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 MARCH 2014

Application for approval of the Electrix Pty Ltd Western Australian Power Utilities Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Electrix Pty Ltd Western Australian Power Utilities Enterprise Agreement 2013 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] 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 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrix Pty Ltd applied to the Fair Work Commission for the approval of the Electrix Pty Ltd Western Australian Power Utilities Enterprise Agreement 2013. The dispute arose between the company and its employees, specifically those represented by the Electrical Trades Union of Australia. The Fair Work Commission was the tribunal tasked with reviewing the proposed agreement and deciding whether it met the legal standards for approval.

The primary legal issues before the Commission involved whether the agreement adhered to the statutory requirements of the Fair Work Act 2009, including the need for the agreement to be "freely" negotiated and not containing terms that were less favourable than the relevant award or safety net award. The Commission also had to consider the extent to which the agreement provided for fair and reasonable terms and conditions of employment, and whether it aligned with the objectives of the Fair Work Act.

The Commission found that the agreement was indeed the product of genuine negotiations between the parties and did not contain any terms that were less favourable than the relevant award or safety net award. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of both the employees and the employer. The Commission noted that the agreement included provisions for the protection of employee rights, the promotion of productivity, and the establishment of a fair and efficient workplace. The Commission concluded that the agreement met the necessary criteria for approval and ordered its approval.

The Fair Work Commission approved the Electrix Pty Ltd Western Australian Power Utilities Enterprise Agreement 2013, finding that it was fairly negotiated, contained no less favourable terms than the relevant award or safety net award, and provided for fair and reasonable terms and conditions of employment. The Commission's decision ensures that the agreement will provide a stable and productive working environment for both employees and the employer, while also meeting the objectives of 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