The Trustee for the Mousis Family Trust T/A Electrical Enterprises Pty Ltd

[2014] FWCA 4770

FAIR WORK COMMISSION

DECISION

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

The Trustee for the Mousis Family Trust T/A Electrical Enterprises Pty Ltd
(AG2014/1729)

ELECTRICAL ENTERPRISES PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JULY 2014

Application for approval of the Electrical Enterprises Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Electrical Enterprises 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 Trustee for the Mousis Family Trust T/A Electrical Enterprises 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 26 July 2014. The nominal expiry date of the Agreement is 17 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Trustee for the Mousis Family Trust trading as Electrical Enterprises Pty Ltd, who sought approval of the Electrical Enterprises Pty Ltd Single Enterprise Agreement 2014. The application was heard by the Fair Work Commission. The nature of the dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the employer argued that the agreement was necessary to facilitate the efficient and economic operation of the business.

The primary legal issues the Commission was required to decide were whether the agreement was genuinely an agreement between the employer and the employees, whether it was made in good faith, and whether it provided for terms and conditions that were no less favourable than the applicable award or safety net award. Additionally, the Commission needed to determine if the agreement facilitated the efficient and economic operation of the employer's business.

The Fair Work Commission found that the agreement was genuinely made between the employer and the employees and was done so in good faith. The Commission also determined that the terms and conditions of the agreement were no less favourable than those provided by the applicable award or safety net award. Furthermore, the Commission concluded that the agreement facilitated the efficient and economic operation of the employer's business. Based on these findings, the Commission approved the agreement. The employer was ordered to implement the terms of the approved agreement as per the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established