Impressive Electrical Pty Ltd

[2013] FWCA 7558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Impressive Electrical Pty Ltd
(AG2013/2969)

IMPRESSIVE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 27 SEPTEMBER 2013

Application for approval of the Impressive Electrical Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Impressive Electrical Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Impressive Electrical Pty Ld. 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 is approved and, in accordance with s.54(1), will operate from 4 October 2013.The nominal expiry date of the Agreement is 3 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Impressive Electrical Pty Ltd was the subject of an application for approval of an enterprise agreement made between the company and its employees. The application was brought before the Fair Work Commission (FWC). The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the provision of adequate terms and conditions for the employees.

The central legal issue was whether the proposed agreement adequately addressed the employees' entitlements, including minimum wages, leave provisions, and other employment conditions. The FWC had to determine if the agreement met the statutory standards set forth in the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions for the employees, and if it was made in good faith. Additionally, the FWC needed to ensure that the agreement did not unfairly disadvantage any group of employees and complied with the relevant provisions of the Act.

In considering the application, the FWC examined the terms of the proposed enterprise agreement and the submissions from both parties. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees, and was made in good faith. The FWC found that the agreement met the statutory standards and did not unfairly disadvantage any group of employees. Consequently, the Commission approved the application for the agreement to be registered.

The FWC ordered that the Impressive Electrical Pty Ltd Enterprise Agreement 2013-2017 be registered, thereby giving it effect and making it a legally binding contract between the company and its employees. This registration ensures that the terms and conditions set out in the agreement are enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established