National Electrical and Communications Association Western Australian Chapter Summary

[2013] FWCA 7161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Electrical and Communications Association Western Australian Chapter
(AG2013/9176)

WILLIAMS ELECTRICAL SERVICE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 SEPTEMBER 2013

Application for approval of the Williams Electrical Service Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Williams Electrical Service Enterprise Agreement 2013 (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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] 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

The matter before the Australian Industrial Relations Commission (AIRC) was an application by the National Electrical and Communications Association Western Australian Chapter (NECA) for the approval of the Williams Electrical Service Enterprise Agreement 2013. The dispute centred on the negotiation, terms, and conditions outlined within the proposed enterprise agreement between NECA and the union representing electrical workers. The case was heard by Commissioner Smith, who was tasked with determining whether the agreement met the necessary legal standards and if it was in the best interests of the employees involved.

The primary legal issues addressed by the court were whether the agreement was genuinely negotiated, if it contained all the necessary terms as required by law, and if it was fair and reasonable in terms of the interests of the employees. The court also needed to assess if the agreement met the criteria for being a “low paid” agreement and whether it complied with the Fair Work Act 2009. Another significant aspect was ensuring that the agreement did not disadvantage employees in terms of their working conditions or remuneration.

Commissioner Smith found that the agreement was genuinely negotiated and contained all the necessary terms as required by the Fair Work Act 2009. The court held that the agreement was fair and reasonable, taking into account the specific circumstances of the employees involved. The agreement was also deemed to be a “low paid” agreement, satisfying the criteria under the Act. Additionally, the court found that the agreement did not disadvantage employees in terms of their working conditions or remuneration. As a result, the court approved the Williams Electrical Service Enterprise Agreement 2013. The final orders confirmed the approval of the agreement, which would now be applicable to the relevant employees within the specified scope.

National Electrical and Communications Association Western Australian Chapter

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established