National Electrical Contractors Association, The-Western Australia Chapter

[2013] FWCA 4709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Electrical Contractors Association, The-Western Australia Chapter
(AG2013/7103)

A.B. TILBURY PTY LTD CONSTRUCTION DIVISION, ENTERPRISE AGREEMENT 2013-2014

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 JULY 2013

Application for approval of the A.B. Tilbury Pty Ltd Construction Division, Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the A.B. Tilbury Pty Ltd Construction Division, Enterprise Agreement 2013-2014 (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 5 March 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Electrical Contractors Association, The Western Australia Chapter, sought approval from the Fair Work Commission for an Enterprise Agreement made with A.B. Tilbury Pty Ltd Construction Division. The application arose due to disputes over the terms and conditions of the proposed agreement, particularly regarding the classification and wages of certain employees. The matter was brought before the Fair Work Commission, an Australian federal statutory body, to determine whether the agreement should be certified as meeting the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed Enterprise Agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it contained the prescribed minimum terms and conditions, and whether it was consistent with the broader public interest. The Commission also had to consider the impact of the agreement on employees' rights and the fairness of the terms and conditions offered.

In delivering the decision, the Fair Work Commission carefully reviewed the evidence and submissions from both parties. The Commission determined that the agreement was made in good faith and contained all the prescribed minimum terms and conditions. The Commission also found that the agreement was fair and balanced, taking into account the specific circumstances of the parties and the industry. The Commission concluded that the proposed Enterprise Agreement met all the necessary requirements and approved the application for registration.

The Fair Work Commission certified the A.B. Tilbury Pty Ltd Construction Division Enterprise Agreement 2013-2014 as meeting the requirements of the Fair Work Act 2009. The agreement was registered, and its terms and conditions became binding on the parties involved. The decision provides clarity and certainty for the parties and sets a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established