DECISION

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

Fanelec Pty Ltd
(AG2015/2317)

FANELEC GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 APRIL 2015

Application for approval of the FANELEC GROUP Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the FANELEC GROUP Pty Ltd Enterprise Agreement 2015 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 April 2015. The nominal expiry date of the Agreement is 24 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fanelec Pty Ltd recently came before the Fair Work Commission in an application for the approval of the FANELEC GROUP Pty Ltd Enterprise Agreement 2015. The applicant, Fanelec, sought to have the agreement approved under the Fair Work Act 2009, which mandates that such agreements must meet certain conditions to ensure they are fair and appropriate for the employees involved. The dispute arose from a disagreement between Fanelec and the union representing the employees over the terms and conditions of employment as outlined in the proposed agreement.

The central legal issues before the court were whether the agreement met the statutory requirements for approval and if it provided fair and reasonable terms for the employees. This involved assessing whether the agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act, and whether the process of reaching the agreement was fair and transparent. The court also needed to consider whether the agreement provided for a fair balance between the interests of the employer and the employees.

In its reasoning, the court examined the details of the agreement, including the negotiation process and the provisions regarding pay, conditions, and dispute resolution mechanisms. The court found that the agreement contained all the necessary minimum terms and conditions and was the product of a fair negotiation process. The court concluded that the agreement was fair and reasonable, meeting the statutory criteria for approval. Consequently, the court granted the application and approved the FANELEC GROUP Pty Ltd Enterprise Agreement 2015.

The final orders of the court approved the enterprise agreement in its entirety, allowing it to come into effect as a legally binding document between Fanelec and the union representing the employees. This decision ensures that the terms and conditions of employment are governed by the agreed-upon provisions, providing clarity and certainty for both parties moving forward.

Fanelec 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