Living Electrics Pty Ltd

[2013] FWCA 9440

FAIR WORK COMMISSION

DECISION

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

Living Electrics Pty Ltd
(AG2013/10061)

LIVING ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 3 DECEMBER 2013

Application for approval of the Living Electrics Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Living Electrics Pty Ltd Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Living Electrics Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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 undertakings from Living Electrics Pty Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2013. The nominal expiry date of the Agreement is 3 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Living Electrics Pty Ltd, an electrical services company, applied for the approval of the Living Electrics Pty Ltd Enterprise Agreement 2013-2017 under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval. The Australian Council of Trade Unions, acting as a registered organisation, opposed the application on various grounds, including concerns about the fairness and compliance of the agreement with the Act.

The central legal issues before the Commission were whether the agreement adequately met the procedural and substantive requirements for approval as stipulated in the Fair Work Act. The Commission needed to examine whether the agreement had been made in accordance with the processes set out in the Act, including whether proper bargaining had occurred, and whether the agreement contained provisions that were not fair and reasonable. Additionally, the Commission had to determine if the agreement adequately covered the terms and conditions of employment of the relevant employees.

The Fair Work Commission found that the agreement was made following the proper processes and that there was no evidence of coercion or undue influence. The Commission also concluded that the agreement contained terms and conditions that were fair and reasonable. The provisions regarding wages, working hours, and other employment conditions were considered to be in line with the standards expected under the Act. Consequently, the Commission approved the Living Electrics Pty Ltd Enterprise Agreement 2013-2017. The Commission’s decision was based on the comprehensive evidence presented and the absence of any substantial objections that would warrant disapproval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established