Montdale Pty Ltd ATF Electek Unit Trust T/A Electek Summary

[2013] FWCA 5176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Montdale Pty Ltd ATF Electek Unit Trust T/A Electek
(AG2013/6863)

ELECTEK ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 JULY 2013

Application for approval of the Electek Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Electek Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Montdale Pty Ltd, acting as trustee for the Electek Unit Trust, applied to the Fair Work Commission for approval of the Electek Enterprise Agreement 2013-2017. The application arose from negotiations between the employer and employees represented by the Electrical Trades Union of Australia. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace arrangements, as set out in the proposed enterprise agreement. The matter was heard in the Fair Work Commission, an Australian tribunal with jurisdiction over employment-related disputes.

The legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, whether it had been genuinely negotiated, and if it complied with the 'better off overall test', ensuring employees were not worse off financially. The Commission also examined if the agreement appropriately dealt with the rights and obligations of both parties and if it complied with relevant national employment standards.

The Fair Work Commission found that the proposed agreement met the statutory requirements and was fair and reasonable. The Commission noted that the agreement had been genuinely negotiated and provided for terms and conditions that were not worse off overall for the employees. The Commission was satisfied that the agreement appropriately addressed the rights and obligations of both parties and complied with all relevant national employment standards. Consequently, the Commission approved the Electek Enterprise Agreement 2013-2017, enabling it to be implemented from the specified commencement date.

The final orders of the Commission included the approval of the Electek Enterprise Agreement 2013-2017, with specific provisions ensuring that the agreement was to be implemented and that any necessary notices were to be given to the relevant parties in accordance with the Fair Work Act 2009.

Montdale Pty Ltd ATF Electek Unit Trust T/A Electek

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established