Rutherford Transformers Services Proprietary Limited Summary

[2014] FWCA 4085

FAIR WORK COMMISSION

DECISION

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

Rutherford Transformers Services Proprietary Limited
(AG2014/3867)

RUTHERFORD TRANSFORMER SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 19 JUNE 2014

Application for approval of the Rutherford Transformer Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rutherford Transformer Services Pty Ltd 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 Rutherford Transformer Services Proprietary Limited (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 11 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Group HR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. At the request of the parties the nominal expiry date of the Agreement is 7 September 2013.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Rutherford Transformers Services Proprietary Limited was the subject of an application before the Fair Work Commission, seeking approval of the Rutherford Transformer Services Pty Ltd Enterprise Agreement 2013. The application was made by the employer, Rutherford Transformers Services Proprietary Limited, under section 231 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the employees covered by the proposed agreement, including matters such as wages, hours of work, and other employment-related conditions.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "single interest" enterprise bargaining, if it contained any provisions that were contrary to public policy or otherwise unlawful, and whether it provided for the proper protection of employees' interests. The Commission also considered whether the agreement had been made in good faith and if it included appropriate mechanisms for dispute resolution.

In its reasoning, the Commission noted that the proposed agreement had been negotiated between the employer and the relevant employee representatives in good faith. The Commission found that the agreement met the requirements for "single interest" enterprise bargaining and did not contain any provisions that were contrary to public policy or otherwise unlawful. The Commission also determined that the agreement provided for the proper protection of employees' interests and included appropriate mechanisms for dispute resolution. Having satisfied itself that the agreement met all the necessary criteria, the Commission approved the Rutherford Transformer Services Pty Ltd Enterprise Agreement 2013 under section 231 of the Fair Work Act 2009.

The final orders of the Commission were that the proposed enterprise agreement be approved as a registered agreement, effective from the date of the decision, and that it be registered by the Commission. The agreement was to apply to all employees of Rutherford Transformers Services Proprietary Limited who were covered by the agreement, and it would remain in effect until terminated or varied in accordance with the provisions of the Fair Work Act 2009.

Rutherford Transformers Services Proprietary Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established