Hahn Electrical Contracting Pty Ltd ATF The HEC Unit Trust T/A Hahn Electrical Contracting Pty Ltd Summary

[2014] FWCA 4696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hahn Electrical Contracting Pty Ltd ATF The HEC Unit Trust T/A Hahn Electrical Contracting Pty Ltd
(AG2014/6500)

HAHN ELECTRICAL GROUP ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 JULY 2014

Application for approval of the Hahn Electrical Group Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hahn Electrical Group Enterprise Agreement 2014 - 2018 (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 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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Hahn Electrical Group Enterprise Agreement 2014-2018. The applicant, Hahn Electrical Contracting Pty Ltd, sought to have the agreement recognised and registered under the Fair Work Act 2009. The agreement was entered into between the employer and the employees, who were represented by the Electrical Trades Union of Australia.

The primary legal issue the Commission had to address was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions as outlined in the Act, and whether it was made in good faith and without any coercion. Additionally, the Commission examined whether the agreement complied with the 'better off overall test', which requires that employees are not worse off financially by being covered by the agreement compared to their previous entitlements.

The Commission found that the agreement was made in good faith and without coercion. It contained all the required minimum terms and conditions and satisfied the better off overall test. The Commission was satisfied that the agreement was fair and reasonable, and that it provided for a comprehensive framework for the employment relationship between the parties. Consequently, the Commission approved the agreement and ordered its registration under the Fair Work Act.

The final orders of the Commission included the approval and registration of the Hahn Electrical Group Enterprise Agreement 2014-2018, effective from the date of the decision. The agreement was to be binding on all employees covered by it and on the employer. The decision provided clarity for the parties regarding the terms and conditions of their employment, and ensured compliance with the statutory requirements under the Fair Work Act.

Hahn Electrical Contracting Pty Ltd ATF The HEC Unit Trust T/A Hahn Electrical Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established