| [2017] FWCA 4915 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Southern Cross Electrical Engineering Limited
(AG2017/3185)
Southern Cross Electrical Engineering Limited Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018
| Electrical contracting industry | |
| Commissioner Gregory | MELBOURNE, 20 SEPTEMBER 2017 |
Application for approval of the Southern Cross Electrical Engineering Limited Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018.
An application has been made for approval of a greenfields agreement known as the Southern Cross Electrical Engineering Limited Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 (Agreement). The application was made by Southern Cross Electrical Engineering Limited pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2017. The nominal expiry date of the Agreement is 31 March 2018.
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- AGLC
- Southern Cross Electrical Engineering Limited [2017] FWCA 4915
- Case
- [2017] FWCA 4915
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness, the coverage of the agreement, and whether it met the "better off overall" test. The ETUA argued that the agreement did not adequately protect employees' rights and conditions, while SCEE maintained that the agreement was fair and reasonable, and that it provided for a better outcome for employees than the existing award.
The Commission considered the submissions from both parties and examined the proposed agreement in detail. It found that the agreement was procedurally sound and that the process for its negotiation and preparation was fair and reasonable. The Commission also determined that the agreement covered the appropriate bargaining unit and met the "better off overall" test, as it provided for improved pay rates and conditions for employees while also including provisions that were beneficial to the employer. The Commission approved the agreement, noting that while there were areas of concern, the overall balance of the agreement was fair and reasonable.
The Commission made an order approving the Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 as a registered agreement. This decision was made on the basis that the agreement met the requirements of the Fair Work Act 2009 and provided for a fair and reasonable outcome for both parties.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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