H-Jay Pty Ltd

[2013] FWCA 3780

FAIR WORK COMMISSION

DECISION

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

H-Jay Pty Ltd
(AG2013/6924)

PIPER ELECTRICAL SERVICES ENTERPRISE AGREEMENT - 2013/2016

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 14 JUNE 2013

Application for approval of the Piper Electrical Services Enterprise Agreement - 2013/2016.

[1] An application has been made for approval of an enterprise agreement known as the Piper Electrical Services Enterprise Agreement - 2013/2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H- Jay Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 13 June 2013 correspondence was received by the Company to confirm that in answer to question 2.3 of the F17 the reference to the agreement covering clerical employees was in error and should have read electrician and apprentices.

[3] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 21 June 2013. The nominal expiry date of the agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, H-Jay Pty Ltd, the respondent, applied for the approval of the Piper Electrical Services Enterprise Agreement 2013/2016. The applicant, H-Jay Pty Ltd, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The agreement was submitted by the Electrical Trades Union of Australia, representing the employees. The legal issues that the Commission was required to decide were whether the agreement met the requirements of the Fair Work Act 2009, specifically section 230, and whether the agreement was in the interests of the employees.

The Commission noted that the agreement was made in good faith and was not the product of any form of coercion, duress or reprisal. The Commission found that the agreement provided for appropriate mechanisms for the resolution of disputes, including a conciliation and arbitration process. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes, including a conciliation and arbitration process. The Commission was satisfied that the agreement was in the interests of the employees and that the requirements of the Fair Work Act 2009 had been met.

The Commission approved the Piper Electrical Services Enterprise Agreement 2013/2016. The approval is effective from the date of the decision and will remain in force until 31 December 2016, or until it is replaced by a new agreement. The Commission also ordered that the agreement be published on the Fair Work Commission’s website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established