Ace Electrical Infrastructure Pty Ltd Summary

[2024] FWCA 1172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ace Electrical Infrastructure Pty Ltd

(AG2024/880)

ACE ELECTRICAL INFRASTRUCTURE PTY LTD ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER ALLISON	MELBOURNE, 5 APRIL 2024

Application for approval of the Ace Electrical Infrastructure Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ace Electrical Infrastructure Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ace Electrical Infrastructure Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2024. The nominal expiry date of the Agreement is 5 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ace Electrical Infrastructure Pty Ltd, an employer, sought approval for the Ace Electrical Infrastructure Pty Ltd Enterprise Agreement 2024, which was made with the Electrical Trades Union of Australia, an employee representative. The application was made under section 232 of the Fair Work Act 2009, and the application was heard in the Federal Circuit and Family Court of Australia. The dispute centred on whether the agreement met the criteria for registration under the Fair Work Act, including whether the agreement had been made in good faith and whether it provided for the fair resolution of issues at the workplace.

The primary legal issues before the court were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural and substantive requirements of the Fair Work Act, and whether the agreement was in the best interests of the employees. The court examined the evidence provided, including the process by which the agreement was negotiated and whether it adequately covered terms and conditions of employment for the relevant employees.

The court found that the agreement had been made in good faith and complied with all the requirements of the Fair Work Act. The court was satisfied that the process of negotiation was fair and transparent, and that the agreement provided for the fair resolution of workplace issues. The court also considered the evidence regarding the benefits of the agreement to the employees and concluded that it was in their best interests. The application was therefore approved, and the agreement was registered under section 186 of the Fair Work Act.

The court ordered that the Ace Electrical Infrastructure Pty Ltd Enterprise Agreement 2024 be registered and that it would be binding on the parties from the date of registration. The court further ordered that the agreement would be listed on the Fair Work Commission's website, making it available for public inspection. This decision ensures that the terms and conditions of employment for the employees are legally recognised and enforceable, providing certainty and stability in the workplace.

Ace Electrical Infrastructure Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established