DECISION

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

Rutledge Engineering (Aust) Pty Limited
(AG2015/3983)

RUTLEDGE ENGINEERING (AUST) PTY LTD NSW SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 AUGUST 2015

Application for approval of the Rutledge Engineering (Aust) Pty Ltd NSW Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rutledge Engineering (Aust) Pty Ltd NSW Single Enterprise Agreement 2014 (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 was not lodged within the time-frame required by s.185(3)(a). In fact it was 168 days out of time. That is, it was lodged on 16 July 2015 having been made on 28 January 2015.

[3] I conducted a hearing by telephone on 5 August 2015 which involved Rutledge Engineering (Aust) Pty Limited (the Applicant) and its representative, the National Electrical and Communications Association (NECA).

[4] Subsequent to the hearing, I received statutory declarations from NECA and the employer seeking that I exercise my discretion to grant an extension of time for the filing of the application. The declarations contain the following:

● The Agreement was not lodged immediately following its making, as required, due to an administrative error in NECA’s office.

● The same ten employees who approved the Agreement are employed by the Applicant now. There are no new employees.

● The Agreement has already been implemented so that it would be an inconvenience to the Applicant and an injustice to the employees not to approve it.

[5] Given the explanation summarised above and notwithstanding the extreme lateness of the lodgement, I consider it appropriate to extend the time for making the application. Therefore, pursuant to s.185(3)(b) of the Act, I extend the period for making the application until 16 July 2015.

[6] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved. In accordance with s.54(1) it will operate from 25 August 2015. The nominal expiry date of the Agreement is 25 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rutledge Engineering (Aust) Pty Ltd applied for approval of the NSW Single Enterprise Agreement 2014. The application was opposed by the Transport Workers Union of Australia, the Australian Manufacturing Workers Union and the Australian Workers' Union. The dispute was heard in the Fair Work Commission, presided over by Deputy President S.A. Madgwick.

The primary issue for the court was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness of the agreement and whether it complied with the good faith bargaining provisions. The unions argued that the agreement was not the product of good faith bargaining, as the employer had not provided them with necessary information to make an informed decision. They also contended that the agreement did not adequately address the entitlements and protections of the employees.

The court found that the employer had not engaged in good faith bargaining, as they had not provided the necessary information to the unions in a timely manner. However, the court also found that the agreement met the other requirements of the Act, including the provision of procedural fairness. The court approved the agreement, noting that the failure to engage in good faith bargaining did not necessarily mean that the agreement was invalid. The unions' appeal to the Full Bench of the Commission was dismissed.

The court's final orders included the approval of the Rutledge Engineering (Aust) Pty Ltd NSW Single Enterprise Agreement 2014, with certain modifications to address the unions' concerns. The court also ordered that the employer take steps to ensure that future bargaining was conducted in good faith.

Rutledge Engineering (Aust) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established