Leane Electrical Pty Ltd

[2013] FWCA 9558

FAIR WORK COMMISSION

DECISION

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

Leane Electrical Pty Ltd
(AG2013/10300)

LEANE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 DECEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Leane 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). It has been made by Leane Electrical Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2013. The nominal expiry date of the Agreement is 29 November 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are Leane Electrical Pty Ltd and its employees, represented by the Electrical Trades Union of Australia. The dispute before the court was whether the Enterprise Agreement 2013-2017 proposed by Leane Electrical Pty Ltd should be approved. The Fair Work Commission was the court that heard this case.

The primary legal issue before the Fair Work Commission was to determine whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was made in good faith. Additionally, the Commission needed to consider whether the agreement complied with the statutory minimum standards set out in the Fair Work Act.

In reaching its decision, the Commission examined the submissions made by both parties and the relevant provisions of the Fair Work Act. The Commission found that the proposed agreement did provide for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the workplace. The Commission also determined that the agreement was made in good faith, as both parties had engaged in genuine negotiations. Furthermore, the Commission confirmed that the agreement complied with the statutory minimum standards. Therefore, the Commission approved the proposed enterprise agreement.

As a result of the Commission's approval, the Leane Electrical Pty Ltd Enterprise Agreement 2013-2017 is now in effect and will govern the terms and conditions of employment for the employees of Leane Electrical Pty Ltd during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established