[2013] FWCA 5053 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Southern Cross Electrical Engineering Limited
(AG2013/1770)
SCEE & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2013-2015
Electrical contracting industry | |
COMMISSIONER RIORDAN | SYDNEY, 25 JULY 2013 |
Application for approval of the SCEE & CEPU Electrical Division Queensland Enterprise Agreement 2013 - 2015.
[1] An application has been made for approval of an enterprise agreement known asthe SCEE & CEPU Electrical Division Queensland Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Cross Electrical Engineering Limited (the Applicant). 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 relevant to this application for approval have been met.
[3] The Communications, Electrical Electronic Energy Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division) (the CEPU) (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2015.
COMMISSIONER
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- AGLC
- Southern Cross Electrical Engineering Limited [2013] FWCA 5053
- Case
- [2013] FWCA 5053
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the proposed enterprise agreement was procedurally and substantively fair. Procedurally, the court needed to ensure that the agreement was made in accordance with the Fair Work Act 2009, including whether there was genuine bargaining between the parties. Substantively, the court had to assess if the agreement contained terms and conditions that were fair and reasonable in all respects. The court examined various factors such as the coverage of the agreement, the process of bargaining, and the impact of the agreement on employees and employers.
The Fair Work Commission found that the application met the procedural and substantive fairness criteria. The commission acknowledged that the bargaining process was genuine and that the agreement contained terms and conditions that were fair and reasonable. The court considered the evidence provided by both parties, including the bargaining process, the nature of the agreement, and the impact on employees and employers. Based on these findings, the commission approved the application, and the Electrical Division Queensland Enterprise Agreement 2013-2015 was approved.
The final orders of the court were that the Electrical Division Queensland Enterprise Agreement 2013-2015 between SCEE and CEPU was approved. The agreement was to be registered under the Fair Work Act 2009 and would be in effect for the period of 2013 to 2015. The court's approval was contingent upon compliance with the terms and conditions of the agreement, and any disputes arising from it would be subject to the dispute resolution mechanisms outlined within the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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