New Wave Electrical Contractors Pty Ltd

[2013] FWCA 8209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Wave Electrical Contractors Pty Ltd
(AG2013/9607)

NEW WAVE ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 21 OCTOBER 2013

Application for approval of the New Wave Electrical Contractors Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the New Wave Electrical Contractors Pty Ltd Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by New Wave Electrical Contractors Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from New Wave Electrical Contractors Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2013. The nominal expiry date of the Agreement is 27 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the New Wave Electrical Contractors Pty Ltd Enterprise Agreement 2013 - 2017. The dispute arose between the employer, New Wave Electrical Contractors Pty Ltd, and the union, the Electrical Trades Union of Australia, concerning the proposed enterprise agreement. The application was heard in the Fair Work Commission.

The primary legal issues that the Fair Work Commission had to determine were whether the agreement met the procedural and substantive fairness requirements under the Fair Work Act 2009. Procedurally, the Commission needed to ensure that the agreement was made in good faith, and that the necessary consultation processes were followed. Substantively, the Commission had to assess whether the agreement provided for appropriate terms and conditions that were fair and reasonable, taking into account the relevant economic and social factors.

In reaching its decision, the Commission considered the evidence presented by both parties, including the consultation processes undertaken, the bargaining positions of the parties, and the terms and conditions of the proposed agreement. The Commission found that the agreement was made in good faith, and that the necessary consultation processes were followed. The Commission also found that the terms and conditions of the agreement were fair and reasonable, taking into account the relevant economic and social factors.

Accordingly, the Fair Work Commission approved the New Wave Electrical Contractors Pty Ltd Enterprise Agreement 2013 - 2017, and the application was granted. The Commission noted that the agreement provided for appropriate terms and conditions that were fair and reasonable, and that it met the procedural and substantive fairness requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established