Switchgear Commissioning and Maintenance Engineers Pty Ltd

[2013] FWCA 8176

FAIR WORK COMMISSION

DECISION

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

Switchgear Commissioning and Maintenance Engineers Pty Ltd
(AG2013/9380)

SWITCHGEAR COMMISSIONING AND MAINTENANCE ENGINEERS PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 18 OCTOBER 2013

Application for approval of the Switchgear Commissioning and Maintenance Engineers Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Switchgear Commissioning and Maintenance Engineers Pty Ltd Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Switchgear Commissioning and Maintenance Engineers Pty Ltd (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] Fair Work Commission received correspondence dated 17 October 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Contract’s Manager, Switchgear Commissioning & Maintenance Engineers Pty Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] 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 18 October 2016.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the Fair Work Commission, Switchgear Commissioning and Maintenance Engineers Pty Ltd, the applicant, applied for the approval of the Switchgear Commissioning and Maintenance Engineers Pty Ltd Single Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for the employees within the company. The Commission was tasked with assessing the agreement against the criteria set forth in the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions of employment, ensured procedural fairness, and met other legislative criteria. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any party.

The Commission, after reviewing the application and the agreement, found that it satisfied the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions, ensured procedural fairness, and adhered to the requirements of the Fair Work Act. The Commission was satisfied that the agreement would not have an adverse effect on the employees and approved the agreement.

The Commission approved the Switchgear Commissioning and Maintenance Engineers Pty Ltd Single Enterprise Agreement 2013, effective from 1 January 2014. The approval was based on the finding that the agreement met all the legislative criteria for approval and would not have an adverse effect on the employees. The decision provides clarity for the parties involved and ensures that the agreement will govern the terms and conditions of employment for the employees of the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established