National Electrical and Communications Contractors Association, Western Australia Chapter

[2013] FWCA 4905

FAIR WORK COMMISSION

DECISION

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

National Electrical and Communications Contractors Association, Western Australia Chapter
(AG2013/7225)

WILLIAMS FUEL SYSTEMS ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 22 JULY 2013

Application for approval of the Williams Fuel Systems Enterprise Agreement 2013.

[1] On 26 June 2013, National Electrical and Communications Contractors Association, Western Australia Chapter made application for approval of a single enterprise agreement to be known as the Williams Fuel Systems Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 12 June 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 July 2013.

[7] The nominal expiry date of this Agreement is 21 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the National Electrical and Communications Contractors Association, Western Australia Chapter, for approval of the Williams Fuel Systems Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around whether the proposed agreement complied with the provisions of the Act and whether it provided for fair and reasonable terms of employment for the employees covered by the agreement.

The primary legal issues before the Commission were whether the agreement met the requirements for "better off overall" and "in good faith" as stipulated by the Fair Work Act. The Commission needed to determine if the agreement offered terms and conditions that were no less favourable than the applicable awards and if the agreement had been made in good faith. Additionally, the Commission had to assess if the agreement adhered to the provisions concerning the protection of employees' rights and the proper negotiation process.

The Commission found that the Williams Fuel Systems Enterprise Agreement 2013 met the statutory requirements for approval. The agreement was deemed to be better off overall for the employees, as it provided terms that were no less favourable than the applicable awards. The Commission was satisfied that the agreement had been made in good faith, with proper negotiation processes observed. The Commission concluded that the agreement did not undermine employees' rights and provided adequate protections. The application for approval was thus granted, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established