DECISION

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

Top Shelf Investments Pty Ltd T/A Davies Electrical
(AG2014/10538)

DAVIES ELECTRICAL ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 JANUARY 2015

Application for approval of the Davies Electrical Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Davies Electrical 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 Top Shelf Investments Pty Ltd T/A Davies Electrical. 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 24 January 2015. The nominal expiry date of the Agreement is 30 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Top Shelf Investments Pty Ltd trading as Davies Electrical, applied for approval of the Davies Electrical Enterprise Agreement 2014 under section 232 of the Fair Work Act 2009. The application was heard in the Fair Work Commission by Deputy President O’Brien. The applicant, which operates in the electrical contracting industry in Queensland, sought to have the enterprise agreement approved as a simple or low-complexity agreement, allowing it to be registered without the need for a direct vote of the employees. The dispute centred on whether the agreement met the necessary criteria to be classified as a simple agreement.

The primary legal issue the court had to decide was whether the Davies Electrical Enterprise Agreement 2014 was a simple or low-complexity agreement. The Fair Work Act provides that an enterprise agreement may be approved as a simple or low-complexity agreement if it meets specific criteria, including being non-controversial and having a straightforward structure. The court had to examine the terms of the agreement, the process by which it was negotiated, and whether it contained any contentious provisions that would prevent it from being classified as simple.

After reviewing the evidence and submissions from both parties, the Deputy President concluded that the agreement did not meet the criteria to be classified as a simple agreement. The agreement contained several complex provisions, and the negotiation process did not adequately address all employees' concerns. The Deputy President found that the agreement was not straightforward and contained provisions that could be considered contentious. As a result, the application for approval as a simple agreement was dismissed, and the agreement would need to be registered through a different process.

The Fair Work Commission ordered that the Davies Electrical Enterprise Agreement 2014 was not approved as a simple agreement. The agreement would be subject to a different approval process, which may include a vote of the employees. The applicant was directed to take steps to ensure the agreement was properly registered in accordance with the Fair Work Act. This decision highlights the importance of ensuring that enterprise agreements meet the necessary criteria for the classification of simplicity to avoid complications in the approval process.

Top Shelf Investments Pty Ltd T/A Davies Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established