John Dawson Electrical Pty Ltd T/A John Dawson Electrical Summary

[2014] FWCA 3353

FAIR WORK COMMISSION

DECISION

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

John Dawson Electrical Pty Ltd T/A John Dawson Electrical
(AG2014/5961)

JOHN DAWSON ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 MAY 2014

Application for approval of the John Dawson Electrical Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the John Dawson Electrical Pty Ltd 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 May 2014. The nominal expiry date of the Agreement is 1 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were John Dawson Electrical Pty Ltd and its employees. The dispute was regarding the approval of an enterprise agreement between the company and its employees for the period of 2014 to 2018. The case was heard in the Fair Work Commission of Australia. The legal issues before the court were whether the agreement was fairly made, whether it complied with the Fair Work Act 2009, and whether it was in the best interests of the employees. The court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it met the requirements for a valid enterprise agreement.

The court examined the evidence presented by both parties, including the bargaining process, the terms and conditions of the agreement, and the interests of the employees. The court found that the agreement was fairly made and met the requirements of the Fair Work Act 2009. The court also found that the agreement provided for fair and reasonable terms and conditions of employment, and was in the best interests of the employees. The court noted that the agreement included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, which were all in line with the requirements of the Act.

The court approved the John Dawson Electrical Pty Ltd Enterprise Agreement 2014-2018, finding that it was a valid and compliant agreement. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and was in the best interests of the employees. The court's decision was based on a thorough examination of the evidence presented by both parties, and a careful consideration of the legal requirements for a valid enterprise agreement. The final orders of the court were that the agreement be approved and registered with the Fair Work Commission.

John Dawson Electrical Pty Ltd T/A John Dawson Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established