Electromaster Holdings (NSW) Pty Ltd

[2013] FWCA 2411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electromaster Holdings (NSW) Pty Ltd
(AG2013/5804)

ELECTROMASTER HOLDINGS (NSW) PTY LTD WESTERN AUSTRALIA DIVISION COMMERCIAL ENTERPRISE AGREEMENT 2012

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 APRIL 2013

Application for approval of the Electromaster Holdings (NSW) Pty Ltd Western Australia Division Commercial Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Electromaster Holdings (NSW) Pty Ltd Western Australia Division Commercial Enterprise Agreement 2012 (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 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electromaster Holdings (NSW) Pty Ltd applied for the approval of the Western Australia Division Commercial Enterprise Agreement 2012. The matter was heard by the Fair Work Commission. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement under the Fair Work Act 2009. The legal issues before the Commission involved the compliance of the agreement with the procedural and substantive requirements of the Act. Specifically, the Commission had to determine whether the agreement was fairly negotiated, if the process followed to achieve the agreement was appropriate, and whether the terms of the agreement met the criteria for approval.

The Commission examined the negotiation process and the terms of the agreement. It considered whether there was genuine bargaining, whether the parties had acted in good faith, and whether the agreement contained terms that were not contrary to public policy or unfair. The Commission found that the negotiation process was fair and that the agreement was fairly negotiated. It also found that the agreement did not contain any terms that were contrary to public policy or unfair. The Commission was satisfied that the agreement met the criteria for approval under the Act.

Accordingly, the Commission approved the Electromaster Holdings (NSW) Pty Ltd Western Australia Division Commercial Enterprise Agreement 2012. The approval ensures that the agreement is legally binding on the parties and that it can be used as a basis for employment conditions in the Western Australia Division. The decision underscores the importance of ensuring that enterprise agreements are fairly negotiated and that they meet the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established