Apex Western Electrical Contracting Pty Ltd

[2022] FWCA 4011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Apex Western Electrical Contracting Pty Ltd

(AG2022/4653)

Apex Western Electrical Contracting Pty Ltd Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT BELL	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Apex Western Electrical Contracting Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Apex Western Electrical Contracting Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Apex Western Electrical Contracting Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 16 November 2022 and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 15 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Apex Western Electrical Contracting Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The respondents, Electrical Trades Union of Australia (ETUA) and Electrical Contractors Association of Western Australia (ECA), opposed the application. The disagreement centred on several provisions within the proposed agreement, particularly those related to the classification and pay rates of employees. The matter was heard in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements under Australian labour law.

The primary legal issues addressed by the Commission were whether the proposed enterprise agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. The respondents argued that the agreement unfairly disadvantaged employees by altering their classification and pay rates, thereby breaching the provisions of the Act. The applicants, on the other hand, maintained that the changes were necessary for business efficiency and were consistent with the Act. The Commission had to determine if the agreement was fair and reasonable, taking into account the economic and employment implications for both parties.

In reaching its decision, the Commission examined the details of the proposed agreement and the submissions from both sides. The Commission found that the changes to employee classification and pay rates did not unfairly disadvantage employees, and that the overall agreement was fair and reasonable. The Commission noted that the applicants had demonstrated a genuine effort to reach an agreement that balanced the needs of the business with the rights of employees. Consequently, the Commission approved the Apex Western Electrical Contracting Pty Ltd Enterprise Agreement 2022, rejecting the respondents' objections. The approval was based on the finding that the agreement met all necessary legal standards and was in the best interests of both the business and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established