Hayespower Electrics Pty Ltd

[2014] FWCA 4162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hayespower Electrics Pty Ltd
(AG2014/6436)

HAYESPOWER ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2014-2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 JUNE 2014

Application for approval of the Hayespower Electrics Pty Ltd Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Hayespower Electrics Pty Ltd Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hayespower Electrics Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 24 June 2014 and, in accordance with s.54, will operate from 1 July 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hayespower Electrics Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement with their employees. The application involved the terms and conditions of employment for a specific period. The Fair Work Commission was the body responsible for reviewing and approving the agreement.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met all the necessary legal criteria for approval under the Fair Work Act 2009. This included ensuring the agreement contained all the minimum entitlements required by the Act, did not unfairly discriminate against any class of employee, and was made in good faith. The Commission also had to determine if the agreement was in the best interests of the employees, considering their overall welfare and working conditions.

The Fair Work Commission examined the enterprise agreement in detail, considering the evidence and submissions from both Hayespower Electrics Pty Ltd and the employees' representatives. The Commission found that the agreement contained all the required minimum entitlements and did not unfairly discriminate against any employee class. The Commission also concluded that the agreement was made in good faith and was in the best interests of the employees, taking into account their overall welfare and working conditions. Based on these findings, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's decision was that the Hayespower Electrics Pty Ltd Enterprise Agreement 2014-2016 was approved and would come into effect as of the specified date. This approval validated the terms and conditions of employment outlined in the agreement, providing legal certainty to both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established