ARA Electrical Engineering Services Pty Ltd

[2024] FWCA 4009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd

(AG2024/3995)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD TRADING AS J.A. MARTIN NEWCASTLE & HUNTER VALLEY TRADES ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER CRAWFORD	SYDNEY, 18 NOVEMBER 2024

Application for approval of the ARA Electrical Engineering Services Pty Ltd trading as J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the ARA Electrical Engineering Services Pty Ltd trading as J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by ARA Electrical Engineering Services Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 10 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 18 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are ARA Electrical Engineering Services Pty Ltd, trading as J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2024, and the applicant. The dispute pertains to the approval of the enterprise agreement by the Fair Work Commission (FWC). The FWC was required to assess the agreement under the Fair Work Act 2009, determining whether it met the criteria for approval and whether it complied with the provisions of the Act.

The central legal issues the FWC had to address included whether the agreement was genuinely a bargain between the employer and the employees, whether it was appropriately negotiated, and if it contained terms that were fair and reasonable. Additionally, the FWC had to consider whether the agreement met the statutory requirements for coverage, such as the necessity for the agreement to cover a specific group of employees and whether it contained the mandatory terms as stipulated by the Act.

In its reasoning, the FWC examined the negotiation process and the terms of the agreement. The Commission found that the agreement had been genuinely negotiated between the employer and the employees, evidenced by the comprehensive documentation and the involvement of a qualified independent facilitator. The FWC noted that the terms of the agreement were fair and reasonable, providing appropriate protections for employees while also balancing the needs of the employer. The FWC concluded that the agreement met all statutory requirements and was in compliance with the Fair Work Act 2009.

Consequently, the FWC approved the ARA Electrical Engineering Services Pty Ltd trading as J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2024. The approval is effective from the date specified in the agreement and will apply to the specified group of employees as outlined in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established