National Electrical Contractors Association, The-Western Australia Chapter

[2013] FWCA 4711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Electrical Contractors Association, The-Western Australia Chapter
(AG2013/7092)

EAST TO WEST DATA & ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 JULY 2013

Application for approval of the East to West Data & Electrical Services Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the East to West Data & Electrical Services 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

In the matter of the National Electrical Contractors Association, The - Western Australia Chapter, the court was asked to consider the approval of the East to West Data & Electrical Services Enterprise Agreement 2013-2017. The dispute arose between the employer, represented by the Association, and the employees, represented by the Electrical Trades Union of Australia. The primary issue before the court was whether the agreement met the necessary requirements for approval under the relevant industrial legislation. The court had to determine if the agreement was genuinely an enterprise agreement, if it was negotiated in good faith, and if it complied with the provisions of the Fair Work Act 2009.

The court examined the process through which the agreement was negotiated, the extent of the consultation undertaken, and whether the agreement was made in good faith. It was established that the negotiation process was robust, with multiple meetings and a considerable period of consultation between the parties. The court also considered the fairness of the terms of the agreement, ensuring they were reasonable and in line with industry standards. The court found that the agreement was genuinely an enterprise agreement, had been negotiated in good faith, and complied with all statutory requirements. Consequently, the court approved the agreement, recognizing its validity and enforceability under the Fair Work Act.

The court's decision was based on a comprehensive review of the negotiation process and the content of the agreement. It was determined that all necessary steps were taken to ensure the agreement was made in good faith and met the statutory criteria for approval. The terms of the agreement were found to be fair and reasonable, providing a suitable framework for the employment relationship between the employer and employees. The court's approval of the agreement ensures that it will be enforceable and will provide the basis for the employment terms between the parties. This decision provides clarity and certainty for both the employer and employees, confirming the validity of the agreement and its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established