Southern Cross Electrical Engineering Limited

[2014] FWCA 6531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Electrical Engineering Limited
(AG2014/5864)

SOUTHERN CROSS ELECTRICAL ENGINEERING LIMITED ELECTRICAL ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 OCTOBER 2014

Application for approval of the Southern Cross Electrical Engineering Limited Electrical Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Electrical Engineering Limited Electrical 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] 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] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Cross Electrical Engineering Limited recently came before the Fair Work Commission, which was tasked with approving an enterprise agreement. This agreement was proposed between the company and its employees, as represented by the Electrical Trades Union of Australia. The nature of the dispute involved whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the mandated provisions, such as minimum wages and conditions, and if it allowed for genuine bargaining. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and whether it provided adequate protection for employees’ rights and conditions of employment.

The Commission examined the agreement clause by clause, ensuring compliance with the Fair Work Act and the Fair Work Regulations. It found that the agreement contained all the required provisions and demonstrated evidence of genuine bargaining. The Commission concluded that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. As a result, the Commission approved the Southern Cross Electrical Engineering Limited Electrical Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established