Positive Power Pty Ltd ATF Rox-Van Trust T/A Peel Electrical Service

[2014] FWCA 4105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Positive Power Pty Ltd ATF Rox-Van Trust T/A Peel Electrical Service
(AG2014/6021)

PEEL ELECTRICAL SERVICE ENTERPRISE AGREEMENT 2014/2018

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 JUNE 2014

Application for approval of the PEEL ELECTRICAL SERVICE Enterprise Agreement 2014/2018.

[1] An application has been made for approval of an enterprise agreement known as the PEEL ELECTRICAL SERVICE Enterprise Agreement 2014/2018 (the 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 ss.186, 187 and 188 of the Act as are 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 from the date of this decision. The nominal expiry date of the Agreement is 30 April 2018.

[4] I had some concerns regarding the Superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in Positive Power Pty Ltd ATF Rox-Van Trust trading as Peel Electrical Service involved an application to the Fair Work Commission for approval of the Enterprise Agreement 2014/2018. The applicant, Peel Electrical Service, sought to have the agreement certified as covering a range of employees, including those in managerial and technical roles. The application was made in response to a dispute between the employer and a union representative concerning the terms and coverage of the proposed agreement.

The primary legal issue before the court was whether the Enterprise Agreement 2014/2018 met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and reasonable terms for the employees, and if it correctly identified the scope of its coverage. The court also had to consider whether the agreement was genuinely negotiated between the parties and if it adhered to the procedural requirements for enterprise agreements.

The Fair Work Commission found that the Enterprise Agreement 2014/2018 contained fair and reasonable terms for the employees. The commission considered that the agreement was negotiated in good faith and covered the correct scope of employees. The commission also determined that the procedural requirements for the agreement were met, including proper notification and opportunity for consultation. Based on these findings, the commission approved the agreement.

The Fair Work Commission certified the Enterprise Agreement 2014/2018 as meeting the requirements of the Fair Work Act 2009. The agreement was approved as it provided fair and reasonable terms for the employees and correctly identified the scope of its coverage. The commission's decision was based on the evidence presented and the legal criteria outlined in the act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established