DECISION

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

UEA Electrical Pty Ltd
(AG2015/4162)

UEA ELECTRICAL ENTERPRISE AGREEMENT 2015

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 AUGUST 2015

Application for approval of the UEA Electrical Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UEA Electrical Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 will operate from 25 August 2015. The nominal expiry date of the Agreement is 3 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved UEA Electrical Pty Ltd and its employees, represented by the Electrical Trades Union of Australia. The dispute pertained to the application for approval of the UEA Electrical Enterprise Agreement 2015. The union sought to have the agreement recognised as a lawful enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the commission was whether the agreement met the requirements for approval as an enterprise agreement. This involved assessing whether the agreement contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and whether it had been made in good faith and without the use of improper conduct. Additionally, the commission had to consider whether the agreement had been properly balloted and whether the requisite majority of employees had voted in favour of the agreement.

In determining the approval of the enterprise agreement, the commission examined the provisions of the Fair Work Act, focusing on sections that require the inclusion of minimum terms and conditions. The commission assessed the evidence provided regarding the process by which the agreement was developed, including the good faith negotiations and the conduct of the ballot. It was noted that the agreement contained all the necessary minimum terms and conditions and that the ballot process was conducted fairly and in accordance with the requirements of the Act. Given this, the commission found that the agreement had been made in good faith and approved the UEA Electrical Enterprise Agreement 2015 as a lawful enterprise agreement.

Consequently, the commission issued an order approving the UEA Electrical Enterprise Agreement 2015 as a lawful enterprise agreement under the Fair Work Act 2009. This approval was based on the evidence presented that the agreement met all the statutory requirements, including the inclusion of minimum terms and conditions and the proper conduct of the ballot process.

UEA Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established