Leader Cabling Systems Pty Ltd

[2014] FWCA 6049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leader Cabling Systems Pty Ltd
(AG2014/6861)

LEADER CABLING SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2014

Application for approval of the Leader Cabling Systems Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Leader Cabling Systems Pty Ltd 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 Leader Cabling Systems 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 2 September 2014 and, in accordance with s.54, will operate from 9 September 2014. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Leader Cabling Systems Pty Ltd sought approval of an enterprise agreement, which had been registered with the Commission. The applicant argued that the agreement contained terms that were appropriate and fair for the employees covered by the agreement. The dispute centred around whether the agreement adequately represented the interests of the employees and complied with the requirements of the Fair Work Act 2009.

The Commission was required to determine whether the agreement was genuinely an enterprise agreement and whether it complied with the formal requirements outlined in the Act. Furthermore, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, including provisions on pay, hours of work, and other employment conditions.

In its decision, the Commission examined the process by which the agreement was negotiated and the level of employee participation in the negotiation process. The Commission also considered whether the agreement contained appropriate dispute resolution mechanisms and whether it provided for fair and reasonable terms for the employees. Ultimately, the Commission found that the agreement met the necessary criteria for approval and was in the best interests of the employees.

Consequently, the Fair Work Commission approved the Leader Cabling Systems Pty Ltd Enterprise Agreement 2014-2018. The Commission determined that the agreement was genuinely an enterprise agreement, met the formal requirements of the Act, and provided for fair and reasonable terms and conditions for the employees. The agreement was therefore approved and registered with the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established