PROAB Electrical Pty Ltd

[2014] FWCA 3137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PROAB Electrical Pty Ltd
(AG2014/335)

PROAB ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 13 MAY 2014

Application for approval of the PROAB Electrical Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the PROAB Electrical Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PROAB Electrical Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The notice of employee representational rights issued by the Applicant to employees of PROAB Electrical Pty Ltd did not strictly comply with the prescribed form as required under s. 174 of the Act. This is because it referred to “Fair Work Australia” instead of “Fair Work Commission”. It is obvious that the Applicant had used the form approved prior to 1 January 2013. I am however satisfied that s. 25B of the Acts Interpretation Act 1901 applies to the notice with the consequence that reference to “Fair Work Australia” is taken to be of reference to “Fair Work Commission”. The provisions of s. 174 do not express a contrary intention which would have the result that s. 25B not apply. In the circumstances I am also satisfied the issuing of the notice in the form pre-2013 did not have any effect on the employee’s rights to appoint a bargaining representative.

[6] The Agreement was approved on 13 May 2014 and, in accordance with s. 54, will operate from 20 May 2014. The nominal expiry date of the Agreement is 13 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PROAB Electrical Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between the company and the Electrical Trades Union of Australia. The dispute centred on the agreement's terms and whether they met the requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was appropriately formed, if it covered the necessary aspects, and if it complied with the Act's provisions.

The legal issues involved examining the formation and content of the agreement. The court needed to verify if the agreement was genuinely negotiated between the parties, if it addressed the essential minimum terms, and if it adhered to the Act's requirements for enterprise agreements. Additionally, the court had to consider if the agreement was fair and balanced in its terms, ensuring it did not unfairly disadvantage any party.

In its decision, the Fair Work Commission concluded that the agreement was validly formed and covered the required minimum terms. The court found that the agreement was fairly negotiated and did not contain any terms that would be considered harsh, unjust, or unreasonable. The Commission was satisfied that the agreement met all the statutory requirements and approved it, recognising the importance of fair and effective industrial relations agreements in maintaining harmonious workplace relations. The final orders confirmed the approval of the PROAB Electrical Pty Ltd Enterprise Agreement 2014 - 2018, allowing it to proceed as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established