Poles and Underground Summary

[2013] FWCA 7221

FAIR WORK COMMISSION

DECISION

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

Poles and Underground
(AG2013/7554)

POLES AND UNDERGROUND PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Poles and Underground Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Poles and Underground 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 Poles and Underground Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Poles and Underground Pty Ltd sought approval of its Single Enterprise Agreement 2013 from the Fair Work Commission. The primary issue was whether the agreement met the legal requirements under the Fair Work Act 2009. The dispute revolved around the agreement's provisions regarding employee working hours, shifts, and overtime, as well as the process for resolving disputes between the company and its employees.

The Fair Work Commission examined the agreement to ensure it complied with the Act's provisions, including the requirement for "better off overall" and the need for fair terms and conditions. The Commission considered whether the agreement provided for adequate consultation and whether it met the standards of good faith bargaining. The company argued that the agreement was fair and reasonable, while the union representing the employees contended that certain provisions were unfair and did not provide adequate protections.

After careful consideration, the Commission determined that the agreement did not meet the "better off overall" test and contained provisions that were not fairly and reasonably negotiated. The Commission found that certain aspects of the agreement, particularly those related to working hours and overtime, did not provide adequate protections for employees. As a result, the Commission rejected the application for approval of the agreement. The Commission's decision highlighted the importance of ensuring that enterprise agreements provide fair terms and conditions and are negotiated in good faith. The company was required to renegotiate the agreement with the union to address the Commission's concerns and to meet the legal requirements under the Fair Work Act 2009.

Poles and Underground

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established