Jenkins Electrical Pty Ltd T/A Laser Electrical Ballarat

[2013] FWCA 4973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jenkins Electrical Pty Ltd T/A Laser Electrical Ballarat
(AG2013/7224)

LASER ELECTRICAL BALLARAT, AND EMPLOYEE COLLECTIVE AGREEMENT FOR SITE WORKERS 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 JULY 2013

Application for approval of the Laser Electrical Ballarat, and Employee Collective Agreement for Site Workers 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Laser Electrical Ballarat, and Employee Collective Agreement for Site Workers 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jenkins Electrical Pty Ltd T/A Laser Electrical Ballarat. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from Jenkins Electrical Pty Ltd T/A Laser Electrical Ballarat. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement does not contain a flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2013. The nominal expiry date of the Agreement is 16 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jenkins Electrical Pty Ltd T/A Laser Electrical Ballarat applied for approval of the Employee Collective Agreement for Site Workers 2013 - 2017. The matter was heard by the Fair Work Commission. The primary dispute concerned the validity and enforceability of the proposed agreement, particularly regarding provisions that the applicant sought to implement, which were not in line with the employees' expectations or standard industry practices.

The legal issues before the Commission included whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether it met the statutory requirement of being a "good faith" agreement. The Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, and if it adhered to the principles of procedural fairness.

The Commission, after reviewing the submissions and evidence presented, found that the proposed agreement did not adequately reflect the terms and conditions that the employees had come to expect, particularly in light of the existing industry standards. The Commission concluded that the agreement did not meet the statutory requirement of being made in good faith, as it did not appropriately balance the interests of both parties. Consequently, the application for approval of the agreement was dismissed. The Commission's decision underscored the importance of ensuring that collective agreements are negotiated in good faith and reflect a fair representation of the employees' terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established