Joshua Samuel Willingham T/A JSW Electrical Summary

[2014] FWCA 5038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joshua Samuel Willingham T/A JSW Electrical
(AG2014/1475)

JSW ELECTRICAL ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the JSW Electrical Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joshua Samuel Willingham T/A JSW Electrical. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 25 July 2014 and, in accordance with s.54, will operate from 1 August 2014. The nominal expiry date of the Agreement is 24 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Joshua Samuel Willingham trading as JSW Electrical brought an application for the approval of the JSW Electrical Enterprise Agreement 2014 - 2018. The respondent, the Electrical Trades Union of Australia, opposed the application on the basis that the agreement was not in the best interests of the employees. The matter was heard in the Fair Work Commission.

The primary issue before the Commission was whether the Enterprise Agreement would be in the best interests of the employees. The Commission considered the impact of the agreement on the employees, including any benefits and detriments, and whether the agreement was reasonably capable of promoting harmonious, productive and equitable industrial relations.

After examining the evidence and submissions from both parties, the Commission found that the agreement was in the best interests of the employees. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, including a pay rise and improved leave entitlements. The Commission also noted that the agreement provided for a dispute resolution process that was reasonably accessible and effective. The Commission approved the Enterprise Agreement, rejecting the objections raised by the union.

The Commission ordered that the JSW Electrical Enterprise Agreement 2014 - 2018 be approved and registered. The agreement is to be in effect from the date of the Commission's decision and will apply to all employees covered by the agreement. The Commission also ordered that the agreement be published in the Fair Work Commission's website and that a copy be provided to the parties.

Joshua Samuel Willingham T/A JSW Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established