Syndeticom Electrical and Communications Pty Ltd Summary

[2013] FWCA 2516

FAIR WORK COMMISSION

DECISION

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

Syndeticom Electrical and Communications Pty Ltd
(AG2013/5923)

SYNDETICOM ELECTRICAL AND COMMUNICATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 24 APRIL 2013

Application for approval of the Syndeticom Electrical and Communications Pty Ltd Single Enterprise Agreement 2013.

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

[2] The Agreement covers the employer’s electrical and communications contracting employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 1 May 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

Syndeticom Electrical and Communications Pty Ltd, an electrical contractor, sought approval for its Single Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose from negotiations between the company and the Electrical Trade Union of Australia, which represented the employees. The commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the Fair Work Act 2009. The union argued that the agreement did not adequately address certain issues, including pay rates and conditions.

The legal issues before the commission were whether the agreement was a "better off overall test" (BOOT) agreement and if it complied with the relevant provisions of the Fair Work Act. The commission had to consider whether the agreement provided employees with conditions that were no worse than their previous conditions and whether the agreement was in line with the national employment standards. Furthermore, the commission needed to assess if the agreement contained mandatory terms and whether there was genuine agreement between the parties.

The commission found that the agreement was a BOOT agreement and complied with the Fair Work Act. It determined that the agreement provided employees with pay rates and conditions that were no worse than their previous conditions, and it met the national employment standards. The commission also found that the agreement contained mandatory terms and that there was genuine agreement between the parties. The union's arguments were rejected as the commission found that the agreement was fair and reasonable, and it was in the best interests of the employees.

As a result, the Fair Work Commission approved the Syndeticom Electrical and Communications Pty Ltd Single Enterprise Agreement 2013. The agreement will now be binding on the parties and their employees, providing a framework for their employment relationship. This decision highlights the importance of ensuring that single enterprise agreements are fair and reasonable for all parties involved, and it reinforces the role of the Fair Work Commission in approving such agreements.

Syndeticom Electrical and Communications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established