National Electrical Contractors Association, Western Australia Chapter

[2013] FWCA 5514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Electrical Contractors Association, Western Australia Chapter
(AG2013/6584)

TASC DIGITAL CONTROL SYSTEMS (WA) ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 AUGUST 2013

Application for approval of the TASC Digital Control Systems (WA) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TASC Digital Control Systems (WA) 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] I had some concerns regarding clause 3 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being an employee or union bargaining representative for the Agreement.

[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 case before the Industrial Court of Western Australia involved an application by the National Electrical Contractors Association, Western Australia Chapter, for approval of the TASC Digital Control Systems (WA) Enterprise Agreement 2013. The dispute centred on whether the agreement met the statutory requirements under the Industrial Relations Act 1984, particularly in terms of its coverage and compliance with procedural fairness.

The court was tasked with determining whether the enterprise agreement correctly identified the bargaining units, and whether the association had the requisite authority to represent the employees within those units. Additionally, the court needed to consider whether the agreement had been negotiated in good faith and whether the process of consultation and communication with the employees had been adequate.

In its judgment, the court held that the enterprise agreement was valid and should be approved. The court found that the bargaining units were properly identified and that the association had the necessary authority to represent the employees. It was also determined that the agreement had been negotiated in good faith, and the consultation process with the employees was sufficient. The court emphasised the importance of procedural fairness in enterprise bargaining and noted that the association had taken reasonable steps to ensure that the employees were informed and had the opportunity to participate in the bargaining process.

Consequently, the court granted the application and approved the TASC Digital Control Systems (WA) Enterprise Agreement 2013. The agreement was deemed to be in compliance with the relevant statutory provisions and was recognised as a legitimate and binding arrangement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established