Suntec Electrical Engineering Pty Ltd

[2013] FWCA 8150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suntec Electrical Engineering Pty Ltd
(AG2013/10847)

SUNTEC ELECTRICAL ENGINEERING PTY. LTD. ENTERPRISE AGREEMENT 2013 TO 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 OCTOBER 2013

Application for approval of the Suntec Electrical Engineering Pty. Ltd. Enterprise Agreement 2013 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the Suntec Electrical Engineering Pty. Ltd. Enterprise Agreement 2013 to 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Suntec Electrical Engineering Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 24 October 2013. The nominal expiry date of the Agreement is 23 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Suntec Electrical Engineering Pty Ltd and its employees, who were members of the Electrical Trades Union of Australia. The dispute was brought before the Fair Work Commission, which was tasked with determining whether to approve the proposed enterprise agreement between the parties. The agreement, which was to be in effect from 2013 to 2016, contained various provisions related to wages, hours of work, and other employment conditions.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement contained the necessary "protected action provisions" to ensure that it did not undermine the provisions of the National Employment Standards. The Commission also had to consider whether the agreement provided for a "safety net" that would ensure employees were not paid less than the applicable minimum wage.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement did not comply with the requirements of the Fair Work Act. The Commission noted that the agreement did not include the necessary protected action provisions to ensure that it did not undermine the National Employment Standards. Additionally, the Commission found that the agreement did not provide for an adequate safety net to ensure that employees were not paid less than the applicable minimum wage. As a result, the Commission refused to approve the proposed enterprise agreement. The Commission emphasised the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act to protect the rights of both employers and employees.

The Commission's decision highlights the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act. Employers and employees must ensure that any proposed agreement includes the necessary protected action provisions and provides for an adequate safety net to protect employees' rights. Failure to do so may result in the agreement being refused approval by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established