SJ Electric (WA) Pty Ltd

[2014] FWCA 5761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SJ Electric (WA) Pty Ltd
(AG2014/6845)

SJ ELECTRIC WA PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 AUGUST 2014

Application for approval of the SJ Electric WA Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the SJ Electric WA 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 SJ electric (WA) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 21 August 2014 and, in accordance with s.54, will operate from 28 August 2014. The nominal expiry date of the Agreement is 21 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the SJ Electric WA Pty Ltd Enterprise Agreement 2014-2018. The dispute was heard by the Fair Work Commission, specifically by Commissioner Barnes, who was tasked with determining whether the agreement met the legal requirements for approval. The agreement in question was submitted by the employer, SJ Electric (WA) Pty Ltd, and the relevant unions, and it outlined various terms and conditions of employment for the employees of the company. The unions sought to have the agreement approved as it was, while the employer argued for certain modifications.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it provided for the "better off overall test." This test requires that employees be no worse off financially under the new agreement than they would be under the existing award or agreement. Additionally, the Commission needed to consider whether the agreement contained all the necessary provisions as required by the Act and whether it adhered to the principles of good faith bargaining.

Commissioner Barnes found that the agreement met the better off overall test, as employees would not be disadvantaged financially by the terms of the agreement. The Commission also determined that the agreement contained all the necessary provisions as stipulated by the Fair Work Act 2009. Furthermore, the Commissioner concluded that the parties had engaged in good faith bargaining, leading to the approval of the agreement. The decision was made in favour of the unions and the employer, with the agreement being approved in its entirety. The final orders of the Commission were that the SJ Electric WA Pty Ltd Enterprise Agreement 2014-2018 be approved as presented, with no modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established