Event Power Solutions Pty Ltd

[2014] FWCA 1222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Event Power Solutions Pty Ltd
(AG2013/12006)

EVENT POWER SOLUTIONS ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 FEBRUARY 2014

Application for approval of the Event Power Solutions Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Event Power Solutions Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Event Power Solutions Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Event Power Solutions Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2014. The nominal expiry date of the Agreement is 24 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Event Power Solutions Pty Ltd applied to the Fair Work Commission for approval of the Event Power Solutions Enterprise Agreement 2013. The company argued that the agreement was fair and reasonable, while the Australian Workers' Union opposed the application. The dispute involved the interpretation and application of various provisions within the agreement, particularly those concerning wage rates, penalty rates, and allowances.

The central legal issues before the Commission were whether the proposed agreement met the criteria for being "fair and reasonable" under the Fair Work Act 2009. The Commission examined the agreement's compliance with the Fair Work Act, focusing on aspects such as the fairness of the terms and conditions, the adequacy of employee representation during negotiations, and the overall impact on the workforce.

After a thorough review of the evidence and submissions from both parties, the Fair Work Commission determined that the agreement was fair and reasonable. The Commission found that the negotiation process was legitimate, the terms of the agreement were equitable, and it met the statutory requirements. Consequently, the application for approval was successful, and the Event Power Solutions Enterprise Agreement 2013 was approved.

The Fair Work Commission ordered that the Event Power Solutions Enterprise Agreement 2013 be approved and registered, effective from the date of the decision. This approval ensures that the terms of the agreement will apply to the employees covered by it, providing a framework for their employment conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established