WR & EL Jones Pty Ltd Summary

[2013] FWCA 9955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WR & EL Jones Pty Ltd
(AG2013/11486)

WR & EL JONES PTY LTD AND ETU (CEPU ELECTRICAL DIVISION) ESSO OFFSHORE AND ONSHORE SITES MAINTENANCE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 DECEMBER 2013

Application for approval of the WR & EL Jones Pty Ltd and ETU (CEPU Electrical Division) Esso Offshore and Onshore sites Maintenance Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the WR & EL Jones Pty Ltd and ETU (CEPU Electrical Division) Esso Offshore and Onshore sites Maintenance Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by WR & EL Jones 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 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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2013. The nominal expiry date of the Agreement is 30 April 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by WR & EL Jones Pty Ltd for the approval of a maintenance agreement between the company and the Electrical Trades Union (CEPU Electrical Division). The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed maintenance agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on the procedural fairness and the agreement's alignment with the objectives of the Act.

The Commission examined whether the agreement was made in good faith and whether the process leading up to its creation was fair and transparent. Additionally, the Commission assessed whether the agreement provided for fair terms and conditions for employees and whether it met the objectives of the Fair Work Act, including facilitating cooperative relationships and providing for fair and efficient workplace practices. The Commission found that the agreement did not adequately address certain procedural issues and did not sufficiently meet the objectives of the Act.

Consequently, the Commission did not approve the maintenance agreement. The Commission highlighted the need for better procedural fairness and a more comprehensive approach to ensuring the agreement's alignment with the Fair Work Act. The decision underscores the importance of thorough procedural adherence and substantive fairness in the formation of workplace agreements.

WR & EL Jones Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established