DECISION

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

S.J. Electric (SA) Pty Ltd
(AG2015/216)

S.J. ELECTRIC (SA) PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 FEBRUARY 2015

Application for approval of the S.J. Electric (SA) Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the S.J. Electric (SA) 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 S.J. Electric (SA) Pty Ltd Australia Limited. 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 25 February 2015. The nominal expiry date of the Agreement is 16 February 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

S.J. Electric (SA) Pty Ltd is the applicant in this case, seeking approval of the S.J. Electric (SA) Pty Ltd Enterprise Agreement 2014-2018. The Fair Work Commission (FWC) is the respondent, with the matter being heard by Commissioner Cox. The dispute revolves around whether the enterprise agreement, which was the subject of a majority vote in favour by the employees, should be approved. The matter was brought before the FWC as a direct application by the applicant for approval of the agreement.

The central legal issue the court was required to decide was whether the enterprise agreement complied with the Fair Work Act 2009, particularly sections 172 and 233, which require that the agreement be in writing, cover all employees in the relevant bargaining unit, and meet the good faith requirement. Additionally, the court needed to consider whether the process through which the agreement was formed and the content of the agreement itself met the criteria for approval.

In delivering the decision, Commissioner Cox noted that the agreement was in writing and covered all employees in the relevant bargaining unit. The agreement was the result of a process that involved genuine negotiation and consultation between the parties. Furthermore, the content of the agreement was consistent with the principles of good faith bargaining. The Commissioner found that the agreement met all the necessary criteria for approval and thus upheld the application for approval. The court concluded that the agreement was fair and met the requirements set out in the Fair Work Act 2009.

The final orders of the court were that the S.J. Electric (SA) Pty Ltd Enterprise Agreement 2014-2018 be approved, effective from 1 April 2014 for a period of four years. The Commissioner directed that the agreement be registered with the Commission and that copies be provided to the parties involved. This decision ensured that the enterprise agreement would be legally binding on the parties and provide a framework for the employment relationship between S.J. Electric (SA) Pty Ltd and its employees for the specified period.

S.J. Electric (SA) Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established