Pelmac Electrical Pty Ltd

[2014] FWCA 1369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pelmac Electrical Pty Ltd
(AG2013/11995)

PELMAC ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 FEBRUARY 2014

Application for approval of the Pelmac Electrical Pty Ltd Enterprise Agreement 2013-2017.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 25 February 2014 and, in accordance with s.54, will operate from 4 March 2014. The nominal expiry date of the Agreement is 25 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pelmac Electrical Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement was between the company and its employees, and was intended to cover the period from 2013 to 2017. The dispute arose because the employees' union argued that the agreement did not adequately represent the interests of the employees, particularly in terms of wage progression and conditions of employment.

The legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for the fair and efficient resolution of workplace issues, and if it was free from any form of coercion or undue influence. The union raised concerns about the fairness of the agreement, particularly in relation to the terms of pay progression and employee conditions.

The FWC examined the agreement in detail, considering the submissions from both parties. The Commission noted that the agreement contained provisions for pay progression and employee conditions that were reasonable and in line with industry standards. The FWC found that the agreement did not exhibit any evidence of coercion or undue influence and was, in fact, fair and efficient in its resolution of workplace issues. Consequently, the FWC approved the Pelmac Electrical Pty Ltd Enterprise Agreement 2013-2017.

No additional orders were made beyond the approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established