Thorn Mechanical Pty Ltd Summary

[2013] FWCA 331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thorn Mechanical Pty Ltd
(AG2012/12127)

THORN MECHANICAL PTY LTD MAJOR CONTRACTING DIVSION, COMMERCIAL ENTERPRISE AGREEMENT 2012

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 JANUARY 2013

Application for approval of the Thorn Mechanical Pty Ltd Major Contracting Division, Commercial Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Thorn Mechanical Pty Ltd Major Contracting Division, Commercial Enterprise Agreement 2012 (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] 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thorn Mechanical Pty Ltd recently brought an application before the Fair Work Commission seeking approval for the Thorn Mechanical Pty Ltd Major Contracting Division, Commercial Enterprise Agreement 2012. The application arose from the need to formalise the terms and conditions of employment for the employees within the major contracting division of Thorn Mechanical Pty Ltd. The respondents, who included several unions, contested the application on various grounds, primarily arguing that the proposed agreement did not meet the standards set by the Fair Work Act 2009.

The central legal issues before the Commission revolved around whether the proposed agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission also needed to determine if the agreement complied with the procedural requirements of the Fair Work Act, including the necessity for proper consultation with the relevant employee representatives. Furthermore, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided adequate protections and benefits.

In assessing the application, the Commission took into account the submissions from both parties and the broader context of the agreement. The Commission found that the proposed agreement contained provisions that were fair and reasonable in all respects, addressing the needs of both the employer and the employees. The Commission concluded that the agreement complied with all procedural requirements and was in the best interests of the employees. Consequently, the Commission approved the Thorn Mechanical Pty Ltd Major Contracting Division, Commercial Enterprise Agreement 2012. The final orders included the formal approval of the agreement and its registration with the Fair Work Commission, effective from the date of the decision.

Thorn Mechanical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established