Sunline Switchboards Pty Ltd Summary

[2013] FWCA 777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sunline Switchboards Pty Ltd
(AG2012/14318)

SUNLINE SWITCHBOARDS PTY LTD ENTERPRISE AGREEMENT 2012 TO 2015

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 5 FEBRUARY 2013

Application for approval of the Sunline Switchboards Pty Ltd Enterprise Agreement 2012 to 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sunline Switchboards Pty Ltd Enterprise Agreement 2012 to 2015. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunline Switchboards Pty Ltd. 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] The Agreement is approved and in accordance with s.54 of the Act, will operate from 12 February 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Sunline Switchboards Pty Ltd, sought approval for an enterprise agreement that was to govern the employment terms of its employees from 2012 to 2015. The applicant, a company involved in electrical contracting, entered into an agreement with the Electrical Trades Union of Australia, representing its employees. The dispute arose as to whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a "bare bones" agreement as defined by the Act, and whether it contained all the minimum terms required by the safety net. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it included the minimum entitlements prescribed by the safety net provisions of the Act.

The Commission found that the agreement was not a bare bones agreement as it contained more than just the minimum terms and conditions. It provided for wages and conditions that were fair and reasonable, and it included all the minimum terms required by the safety net. The Commission concluded that the agreement was compliant with the requirements of the Act and approved the enterprise agreement. The Commission ordered that the agreement be registered and that it would be in effect from the date of the decision.

Sunline Switchboards Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established