PJ Corporate Electrical T/A PJ Corporate Electrical Pty Ltd Summary

[2014] FWCA 3092

FAIR WORK COMMISSION

DECISION

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

PJ Corporate Electrical T/A PJ Corporate Electrical Pty Ltd
(AG2014/965)

PJ CORPORATE ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 MAY 2014

Application for approval of the PJ Corporate Electrical Pty Ltd Single Enterprise Agreement 2013.

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

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2014. The nominal expiry date of the Agreement is 21 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of PJ Corporate Electrical T/A PJ Corporate Electrical Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of a single enterprise agreement. This agreement, known as the PJ Corporate Electrical Pty Ltd Single Enterprise Agreement 2013, was proposed between the employer and its employees, who were represented by the Electrical Trades Union of Australia. The application arose from negotiations between the employer and the union, aiming to establish terms and conditions for the employees' employment.

The legal issues before the Commission included whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it complied with the provisions concerning the process for making an agreement, its substantive terms, and whether it was in the best interests of the employees. The Commission also needed to determine if the agreement provided for minimum terms and conditions as per the National Employment Standards and if it contained provisions that were fair and reasonable in all respects.

The Commission examined the evidence and submissions presented by both parties, considering the negotiation process, the content of the agreement, and the interests of the employees. The Commission found that the agreement was the product of genuine negotiations and met the formal requirements under the Act. The substantive terms of the agreement were deemed fair and reasonable, providing for appropriate pay and conditions, and were in line with industry benchmarks. The Commission concluded that the agreement was in the best interests of the employees, as it offered a fair balance of benefits and obligations. The Commission approved the agreement, and it was registered on the relevant date.

The final orders of the Commission included the registration of the PJ Corporate Electrical Pty Ltd Single Enterprise Agreement 2013, effective from the date of approval. The agreement was to be binding on the employer and the employees covered by it, and the terms and conditions set out in the agreement were to prevail over any inconsistent terms in any other agreement or award.

PJ Corporate Electrical T/A PJ Corporate Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established