Phase 4 Electrical and Data Pty Ltd

[2014] FWCA 5677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Phase 4 Electrical and Data Pty Ltd
(AG2014/8466)

PHASE 4 ELECTRICAL AND DATA PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 AUGUST 2014

Application for approval of the Phase 4 Electrical and Data Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Phase 4 Electrical and Data Pty Ltd Single Enterprise Agreement 2014 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 26 August 2014. The nominal expiry date of the Agreement is 26 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Phase 4 Electrical and Data Pty Ltd was the subject of an application before the Fair Work Commission for approval of a single enterprise agreement. The applicant sought to establish terms and conditions of employment for its employees, which included issues such as wage rates, working hours, and other employment conditions. The dispute arose because the company and its employees could not reach an agreement on these matters independently, necessitating intervention by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval and if it provided for fair and reasonable terms and conditions of employment. The Commission had to consider if the agreement complied with the Fair Work Act 2009 and if it met the criteria for being a single enterprise agreement. This included examining whether the agreement covered a single enterprise, if it provided for a fair and efficient workplace, and whether it adhered to the process outlined in the Act for the approval of such agreements.

In deliberating on these issues, the Commission reviewed the proposed agreement in detail, assessing its provisions against the legislative framework. It considered the bargaining process and whether the agreement reflected genuine bargaining. The Commission also evaluated if the agreement provided for terms and conditions that were fair and reasonable, taking into account the economic and employment context. Ultimately, the Commission found that the proposed agreement met the necessary statutory requirements and was fair and reasonable. Consequently, the Commission approved the application for the Phase 4 Electrical and Data Pty Ltd Single Enterprise Agreement 2014.

The final orders of the Commission were that the Phase 4 Electrical and Data Pty Ltd Single Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from a specified date, ensuring that the terms and conditions set out in the agreement would apply to the employees of the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established