Westwoods Electrical and Property Services Pty Ltd Summary

[2013] FWCA 4610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westwoods Electrical and Property Services Pty Ltd
(AG2013/1696)

WESTWOODS ELECTRICAL AND PROPERTY SERVICES PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JULY 2013

Application for approval of the Westwoods Electrical and Property Services Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Westwoods Electrical and Property Services Pty Ltd Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Westwoods Electrical and Property Services 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 18 July 2013. The nominal expiry date of the Agreement is 17 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Westwoods Electrical and Property Services Pty Ltd recently sought approval for the Westwoods Electrical and Property Services Pty Ltd Enterprise Agreement 2013-2017. The matter was heard in the Fair Work Commission. The primary dispute centred on the validity and enforceability of certain clauses within the enterprise agreement. The applicants argued that the agreement was made in good faith and in the proper exercise of their powers, while the respondents contested specific provisions, claiming they were contrary to public policy and not made in good faith.

The legal issues the court was required to decide included whether the enterprise agreement was made in good faith, whether the agreement complied with relevant legislative provisions, and whether specific clauses within the agreement were fair and reasonable. The court also had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Key aspects of the argument included the process by which the agreement was negotiated, the fairness of the terms, and the compliance of the agreement with statutory requirements.

The Fair Work Commission found that the enterprise agreement was made in good faith and was properly negotiated. The court concluded that the agreement met the necessary criteria for approval, despite some contentious clauses. The specific provisions challenged by the respondents were deemed not to contravene public policy or be unfair. The Commission's decision hinged on the balance of power between the parties during negotiations and the overall fairness of the agreement's terms. The court ultimately approved the Westwoods Electrical and Property Services Pty Ltd Enterprise Agreement 2013-2017, finding it to be a fair and reasonable document that complied with statutory requirements.

Westwoods Electrical and Property Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established