Wilken Electrical Services Pty Ltd Summary

[2014] FWCA 1612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilken Electrical Services Pty Ltd
(AG2014/3811)

WILKEN ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE BARGAINING AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 MARCH 2014

Application for approval of the Wilken Electrical Services Pty Ltd Single Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wilken Electrical Services Pty Ltd Single Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Agreement is approved. In accordance with s.54(1) it will operate from 14 March 2014. The nominal expiry date of the Agreement is 4 years.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilken Electrical Services Pty Ltd applied to the Fair Work Commission for approval of their Single Enterprise Bargaining Agreement 2014. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the requirements for a single enterprise agreement and if it provided for genuine terms and conditions of employment.

The Commission found that the agreement satisfied the requirements of a single enterprise agreement. The agreement covered all employees of Wilken Electrical Services Pty Ltd and provided for genuine terms and conditions of employment. The Commission rejected the union's argument that the agreement did not meet the requirements of section 230 of the Act. The agreement provided for minimum rates of pay, penalty rates, leave entitlements, and other terms and conditions of employment. The Commission also found that the agreement was in the best interests of the employees of Wilken Electrical Services Pty Ltd.

The Fair Work Commission approved the Wilken Electrical Services Pty Ltd Single Enterprise Bargaining Agreement 2014. The union's application to set aside the approval was dismissed. The Commission found that the agreement provided for genuine terms and conditions of employment and was in the best interests of the employees of Wilken Electrical Services Pty Ltd. The Commission's decision was based on the evidence presented and the provisions of the Fair Work Act 2009.

Wilken Electrical 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