W.R Electrical Pty Ltd T/A Affinity Electrical Technologies Summary

[2014] FWCA 4343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W.R Electrical Pty Ltd T/A Affinity Electrical Technologies
(AG2014/5915)

AFFINITY ELECTRICAL TECHNOLOGIES SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
COMMISSIONER DEEGAN	CANBERRA, 30 JUNE 2014

Application for approval of the Affinity Electrical Technologies Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Affinity Electrical Technologies Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by W.R Electrical Pty Ltd T/A Affinity Electrical Technologies. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.190 of the Act I have accepted an undertaking from the employer which relates to personal/carers leave. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which are taken to be terms of the agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

W.R Electrical Pty Ltd, trading as Affinity Electrical Technologies, applied to the Fair Work Commission for approval of a new enterprise agreement, the Affinity Electrical Technologies Single Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for the company's employees and the need for the agreement to be certified as a single-enterprise agreement. The employees, represented by a union, contested the fairness and appropriateness of certain provisions within the proposed agreement.

The primary legal issues for the Fair Work Commission to decide were whether the proposed agreement complied with the statutory requirements for a single-enterprise agreement and whether the terms were fair and reasonable for the employees. The Commission had to consider the fairness of the proposed agreement under the Fair Work Act 2009, including assessing if it met the requirements for a single-enterprise agreement, and whether it provided for the minimum terms and conditions set out in the Fair Work Act. Additionally, the Commission evaluated the process by which the agreement was negotiated and the fairness of its terms.

The Fair Work Commission determined that the proposed agreement met the statutory requirements for a single-enterprise agreement. The Commission found that the agreement had been negotiated in good faith and provided for the minimum terms and conditions as prescribed by the Fair Work Act. It also concluded that the agreement was fair and reasonable for the employees, taking into account the nature of the work, the industry context, and the parties' bargaining positions. Therefore, the Commission approved the Affinity Electrical Technologies Single Enterprise Agreement 2014.

W.R Electrical Pty Ltd T/A Affinity Electrical Technologies

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established