SJ Electric Group (NSW) Pty Ltd

[2014] FWCA 5050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SJ Electric Group (NSW) Pty Ltd
(AG2014/6490)

SJ ELECTRIC GROUP (NSW) PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JULY 2014

Application for approval of the SJ Electric Group (NSW) Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as SJ Electric Group (NSW) Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by SJ Electric Group (NSW) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 18 June 2014.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 1 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SJ Electric Group (NSW) Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between the company and its employees, who were members of various trade unions. The dispute arose when the company claimed that the agreement was necessary to improve productivity and competitiveness, while the unions argued that the proposed terms were unfair and did not adequately protect the employees' interests.

The Fair Work Commission was required to determine whether the enterprise agreement met the statutory requirements for approval. This included assessing whether the agreement had been made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it had been properly negotiated. The Commission also needed to consider whether the agreement complied with the provisions of the Fair Work Act 2009, including the protection of employees' rights to access the safety net of minimum wages and conditions.

After considering the evidence and arguments presented by both parties, the Fair Work Commission found that the enterprise agreement did not meet the statutory requirements for approval. The Commission found that the agreement did not provide for fair and reasonable terms and conditions, and that it had not been properly negotiated. The Commission also found that the agreement did not comply with certain provisions of the Fair Work Act, including the protection of employees' rights to access the safety net of minimum wages and conditions. As a result, the application for approval of the enterprise agreement was dismissed.

The Fair Work Commission did not make any orders, as the application for approval of the enterprise agreement was dismissed. The company and the unions were free to continue negotiations and attempt to reach a new agreement that met the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established