Pro Electrical Services Pty Ltd

[2013] FWCA 2515

FAIR WORK COMMISSION

DECISION

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

Pro Electrical Services Pty Ltd
(AG2013/6024)

PRO ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 24 APRIL 2013

Application for the approval of the Pro Electrical Services Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pro Electrical Services Pty Ltd Single Enterprise Agreement 2013 (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] The Agreement covers the employer’s electrical contracting employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 1 May 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pro Electrical Services Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of the Pro Electrical Services Pty Ltd Single Enterprise Agreement 2013. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The matter was heard in the Australian Capital Territory division of the Commission, presided over by Deputy President J.R.J. Williams.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the minimum requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any illegal or discriminatory provisions.

In delivering the decision, the Deputy President examined the provisions of the agreement, including those related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission considered submissions from both the applicant and the relevant union, as well as any other interested parties. The Deputy President found that the agreement met the necessary standards, providing for fair and reasonable terms and conditions of employment and ensuring that it did not include any illegal or discriminatory provisions. As such, the application for approval was successful.

The Fair Work Commission approved the Pro Electrical Services Pty Ltd Single Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions of the parties involved until superseded by a new agreement or otherwise terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established