| [2018] FWCA 3788 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wilken Electrical Services Pty Ltd
(AG2018/814)
WILKEN ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE BARGAINING AGREEMENT 2018
Electrical contracting industry | |
COMMISSIONER LEE | MELBOURNE, 26 JUNE 2018 |
Application for approval of the Wilken Electrical Services Pty Ltd Single Enterprise Bargaining Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Wilken Electrical Services Pty Ltd Single Enterprise Bargaining Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilken Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2022.
COMMISSIONER
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- AGLC
- Wilken Electrical Services Pty Ltd [2018] FWCA 3788
- Case
- [2018] FWCA 3788
- Decision Date
CaseChat Overview and Summary
The central legal issue the court had to address was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement provided for minimum wage rates, penalty rates, and other employment conditions that were not less favourable than the applicable national award or registered agreement. Additionally, the court had to consider whether the agreement adhered to the requirements for single enterprise agreements, such as the necessity of good faith bargaining and the meeting of procedural fairness standards.
The Fair Work Commission examined the proposed agreement against the statutory benchmarks set out in the Fair Work Act. The court found that the agreement complied with the necessary provisions regarding minimum wage rates, penalty rates, and other employment conditions. The court also concluded that the applicant had engaged in good faith bargaining and that all procedural fairness requirements were met. Consequently, the court approved the Wilken Electrical Services Pty Ltd Single Enterprise Bargaining Agreement 2018, recognising its compliance with the statutory framework and procedural fairness.
As a result of the approval, the Wilken Electrical Services Pty Ltd Single Enterprise Bargaining Agreement 2018 is now legally binding for the company and its employees. The agreement sets out the terms and conditions of employment for the employees, including wage rates, penalty rates, and other employment-related matters. The approval ensures that the agreement adheres to the Fair Work Act and provides a fair and reasonable framework for the employer-employee relationship within the company.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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