PF & SM Shelley Pty Ltd T/A PSE Communications and Electrical

[2013] FWCA 8646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PF & SM Shelley Pty Ltd T/A PSE Communications and Electrical
(AG2013/9850)

PSE COMMUNICATIONS & ELECTRICAL ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 1 NOVEMBER 2013

Application for approval of the PSE Communications & Electrical Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the PSE Communications & Electrical 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 the PF & SM Shelley Pty Ltd T/A PSE Communications and Electrical. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that has been addressed by way of an undertaking, 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 an undertaking from PF & SM Shelley Pty Ltd T/A PSE Communications and Electrical. 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 8 November 2013. The nominal expiry date of the Agreement is 7 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PF & SM Shelley Pty Ltd T/A PSE Communications and Electrical applied for approval of the PSE Communications & Electrical Enterprise Agreement 2013 - 2017. The applicant is a telecommunications contractor, and the relevant employees are members of the Communications Electrical and Plumbing Union. The dispute was heard in the Fair Work Commission.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act. The union raised objections on various grounds, including that the agreement did not provide adequate protections for employees and that it contained terms that were contrary to public policy. The applicant argued that the agreement was fair and reasonable, and that it provided for a proper balance of interests.

The Commission found that the agreement was fair and reasonable, and that it provided for a proper balance of interests. The Commission rejected the union's objections, finding that the agreement did not contain terms that were contrary to public policy and that it provided adequate protections for employees. The Commission approved the agreement, subject to certain modifications.

The final orders of the Commission included the approval of the agreement, with certain modifications, and the setting aside of any objections raised by the union. The applicant was directed to provide a copy of the approved agreement to the union and to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established