Multiple Electrical Services Pty Ltd Summary

[2013] FWCA 6558

FAIR WORK COMMISSION

DECISION

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

Multiple Electrical Services Pty Ltd
(AG2013/8642)

MULTIPLE ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 4 SEPTEMBER 2013

Application for approval of the Multiple Electrical Services Pty Ltd Enterprise Agreement: 2013-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Multiple Electrical Services 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 Multiple Electrical Services Pty Ltd (the Applicant). 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 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 after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Multiple Electrical Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was made pursuant to section 231 of the Fair Work Act 2009. The agreement was to apply to a range of employees within the company, including electricians, apprentices, and trade assistants. The dispute arose as the company and the relevant unions could not reach an agreement on certain terms and conditions of employment.

The legal issues before the Commission were whether the proposed enterprise agreement was "covered" by section 172 of the Fair Work Act and whether it met the requirements of "good faith" bargaining under section 186 of the Act. The Commission had to determine if the agreement was "in the interests of employees" and if it met the other criteria for approval under the Act.

The Commission found that the agreement was covered by section 172 of the Fair Work Act and met the criteria for good faith bargaining. The Commission considered the parties' bargaining positions, the nature of the agreement, and whether it was in the interests of the employees. The Commission was satisfied that the agreement was fair and reasonable and met the requirements of the Act. The Commission approved the enterprise agreement, and the parties were bound by its terms.

The Fair Work Commission approved the enterprise agreement, and the parties were bound by its terms. The Commission did not make any orders for changes to the agreement. The agreement was to apply to the relevant employees from the date of approval and would remain in force until the next agreed-upon date or until terminated in accordance with the agreement's provisions.

Multiple Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established