Shanks Electrical Pty Ltd

[2013] FWCA 2816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shanks Electrical Pty Ltd
(AG2013/930)

SHANKS ELECTRICAL ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 MAY 2013

Application for approval of the Shanks Electrical Enterprise Agreement 2013 - 2017 .

[1] An application has been made for approval of an enterprise agreement known as the Shanks Electrical Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Shanks Electrical Pty Ltd. 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 14 May 2013. The nominal expiry date of the Agreement is 13 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shanks Electrical Pty Ltd was a company that had entered into an enterprise agreement with its employees, represented by the Electrical Trades Union. The agreement was due to expire, and the parties sought to extend its term. The matter came before the Fair Work Commission, which was tasked with determining whether to approve the proposed extension. The dispute centred on whether the proposed agreement met the legal criteria for approval, specifically whether it facilitated the improvement of workplace relations and provided for the efficient operation of the enterprise.

The legal issues that the Fair Work Commission had to decide included whether the proposed agreement provided for the simplification or clarification of existing workplace arrangements, whether it facilitated the improvement of workplace relations, and whether it promoted the efficient operation of the enterprise. Additionally, the Commission had to consider whether the agreement provided for the protection of employees' rights and interests, and whether it was fair and reasonable in all its terms.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, as well as relevant legislative provisions. The Commission found that the proposed agreement met the legal criteria for approval, as it facilitated the simplification of workplace arrangements and the improvement of workplace relations. The Commission also found that the agreement promoted the efficient operation of the enterprise, and that it provided for the protection of employees' rights and interests. The Commission was satisfied that the proposed agreement was fair and reasonable in all its terms, and accordingly approved the extension of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established