Global Electrotech Pty Ltd

[2013] FWCA 895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Electrotech Pty Ltd
(AG2012/14138)

GLOBAL ELECTROTECH PTY LTD ENTERPRISE AGREEMENT 2012

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 FEBRUARY 2013

Application for approval of the Global Electrotech Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Global Electrotech Pty Ltd 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] I had some concerns regarding clause 8.1 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[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 three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Electrotech Pty Ltd sought approval of its 2012 enterprise agreement under the Fair Work Act 2009. The applicant argued that the agreement met the criteria for approval, including that it was made in good faith and contained only permissible provisions. The dispute arose when the Australian Building and Construction Commission objected to the agreement, claiming it failed to meet the good faith requirement and contained impermissible provisions.

The court examined whether the agreement was genuinely negotiated, whether the parties had acted in good faith, and whether the agreement contained any provisions that were impermissible. The court considered the evidence and submissions from both parties, including the process of negotiation, the nature of the agreement, and its contents. The applicant provided evidence of a genuine negotiation process and argued that the agreement was in the best interests of the employees.

The court concluded that the agreement was genuinely negotiated, that the parties had acted in good faith, and that it contained only permissible provisions. The court found that the negotiation process was robust, and the agreement reflected a balance of interests between the employer and employees. The court approved the Global Electrotech Pty Ltd Enterprise Agreement 2012. The court ordered that the agreement be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established