White and McAllister (Contractors) Pty Ltd Summary

[2013] FWCA 673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

White and McAllister (Contractors) Pty Ltd
(AG2012/14418)

WHITE AND MCALLISTER (CONTRACTORS) PTY LTD ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 30 JANUARY 2013

Application for approval of the White and McAllister (Contractors) Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the White and McAllister (Contractors) Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by White and McAllister (Contractors) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 6 February 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

White and McAllister (Contractors) Pty Ltd, an Australian contracting company, was the subject of an application for the approval of the White and McAllister (Contractors) Pty Ltd Enterprise Agreement 2012. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms, whether it had been genuinely bargained between the parties, and whether it contained all the prescribed minimum terms and conditions as mandated by the Act. The company argued that the agreement was fair and reasonable, while some employee representatives contended that it did not adequately reflect the interests of all employees.

The Commission examined the contents of the agreement in detail, considering the evidence provided by both parties. It found that the agreement did indeed provide for fair and reasonable terms, taking into account the economic context and the specific circumstances of the employees. The Commission also concluded that the agreement had been genuinely bargained and contained all the prescribed minimum terms and conditions. Therefore, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the White and McAllister (Contractors) Pty Ltd Enterprise Agreement 2012, deeming it to be fair and reasonable, genuinely bargained, and compliant with the statutory requirements.

White and McAllister (Contractors) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established