The Owler Family Trust T/A Expert Data Cabling Pty Ltd Summary

[2014] FWCA 5565

FAIR WORK COMMISSION

DECISION

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

The Owler Family Trust T/A Expert Data Cabling Pty Ltd
(AG2014/7005)

EXPERT DATA CABLING PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 AUGUST 2014

Application for approval of the Expert Data Cabling Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Expert Data Cabling Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Owler Family Trust T/A Expert Data Cabling 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 27 August 2014. The nominal expiry date of the Agreement is 26 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Owler Family Trust, trading as Expert Data Cabling Pty Ltd, was involved in a dispute regarding the approval of a single enterprise agreement. The matter was heard by the Fair Work Commission. The crux of the dispute lay in whether the proposed agreement, which was to govern the terms and conditions of employment for the employees of Expert Data Cabling Pty Ltd, complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission were multifaceted. Primarily, the Court had to determine if the agreement met the statutory requirements for a single enterprise agreement, including whether it provided for a fair and reasonable set of terms and conditions for the employees. This involved scrutinising various aspects of the agreement, such as wages, working hours, and other employment conditions, to ensure they were not unfair or unreasonable. The Court also needed to assess if the agreement had been genuinely negotiated and whether it allowed for fair representation and consultation mechanisms.

In delivering its decision, the Commission considered the principles established in relevant case law and statutory provisions. The Court found that the proposed agreement was largely compliant with the requirements of the Fair Work Act. It concluded that the terms of the agreement were fair and reasonable, and that they had been genuinely negotiated. The Court noted that the agreement included provisions for adequate consultation and representation, which aligned with the statutory standards. As a result, the Commission approved the application for the agreement, finding it to be in the best interest of the employees and the employer.

The final orders of the Court were that the Expert Data Cabling Pty Ltd Single Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009.

The Owler Family Trust T/A Expert Data Cabling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established