DECISION

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

Electrix Pty Ltd
(AG2015/2468)

ELECTRIX PTY LTD POWERLINE ENTERPRISE AGREEMENT SOUTH AUSTRALIA - 2015-2017

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 MAY 2015

Application for approval of the Electrix Pty Ltd Powerline Enterprise Agreement South Australia 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Electrix Pty Ltd Powerline Enterprise Agreement South Australia 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrix Pty Ltd. 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 15 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrix Pty Ltd applied to the Fair Work Commission for approval of the Electrix Pty Ltd Powerline Enterprise Agreement South Australia 2015-2017. The applicant sought to have the agreement approved as a modern award, which would allow it to take precedence over relevant provisions of the relevant industry award. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court was required to consider various provisions of the Act, including those that related to the agreement's coverage, the process for bargaining, and the content of the agreement itself.

The court examined whether the agreement had been made in good faith, whether it had been properly negotiated, and whether it contained provisions that were consistent with the objects of the Act. The court also considered whether the agreement provided for the protection of employees' rights and interests, including those of vulnerable or disadvantaged workers. After reviewing the evidence and submissions from both parties, the court found that the agreement met the necessary criteria for approval. The court noted that the agreement provided for a fair and equitable distribution of benefits and burdens between the parties, and that it contained provisions that were consistent with the objects of the Act.

The court approved the agreement as a modern award, which would take precedence over relevant provisions of the relevant industry award. The applicant was granted the relief it had sought, and the agreement was approved for the period specified. The court's decision provides guidance for employers and employees in the powerline industry in South Australia, and sets a precedent for similar agreements in other industries. The decision also reinforces the importance of good faith bargaining and the protection of employees' rights and interests in the workplace.

Electrix Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established