Miles Electrical Pty Ltd

[2013] FWCA 3419

FAIR WORK COMMISSION

DECISION

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

Miles Electrical Pty Ltd
(AG2013/6474)

MILES ELECTRICAL PTY LTD STOCKLANDS HERVEY BAY ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Miles Electrical Pty Ltd Stocklands Hervey Bay Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Miles Electrical Pty Ltd Stocklands Hervey Bay Enterprise Agreement 2013-2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Miles 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 7 June 2013. The nominal expiry date of the agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Miles Electrical Pty Ltd applied to the Fair Work Commission for approval of the Miles Electrical Pty Ltd Stocklands Hervey Bay Enterprise Agreement 2013-2016. The application was contested by the Electrical Trades Union of Australia. The Fair Work Commission was required to determine whether the agreement met the requirements of section 230 of the Fair Work Act 2009. This included assessing whether the agreement promoted simplification and facilitated flexibility in the workplace and whether it provided for a fair and efficient method of determining employees' rates of pay and other conditions of employment.

The Commission considered the provisions of the agreement, including the parties' submissions, and noted the agreement's aim to simplify workplace arrangements and improve productivity. The Commission also considered the agreement's provisions regarding pay and conditions, and whether they provided for a fair and efficient method of determining employees' rates of pay and other conditions of employment. The Commission determined that the agreement met the requirements of section 230 of the Act and approved the agreement.

The Fair Work Commission approved the Miles Electrical Pty Ltd Stocklands Hervey Bay Enterprise Agreement 2013-2016, finding that it met the requirements of section 230 of the Fair Work Act 2009. The agreement was approved on the basis that it promoted simplification and facilitated flexibility in the workplace, and provided for a fair and efficient method of determining employees' rates of pay and other conditions of employment. The Electrical Trades Union of Australia's objections were dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established