ARA Electrical Engineering Services Pty Ltd

[2023] FWCA 1504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd

(AG2023/1147)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD SINGLETON BRANCH SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 25 MAY 2023

Application for approval of the ARA Electrical Engineering Services Pty Ltd Singleton Branch Single Enterprise Agreement 2023.

ARA Electrical Engineering Services Pty Ltd (the Employer) has made an application for the approval of the ARA Electrical Engineering Services Pty Ltd Singleton Branch Single Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 40.6 – Termination of Employment is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES 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) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 25 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the applicant, ARA Electrical Engineering Services Pty Ltd, sought the approval of the Fair Work Commission for the ARA Electrical Engineering Services Pty Ltd Singleton Branch Single Enterprise Agreement 2023. The dispute arose as the applicant aimed to establish terms and conditions of employment for its employees at the Singleton branch under this new agreement. The matter was heard by the Fair Work Commission, an industrial relations tribunal in Australia responsible for overseeing workplace relations.

The central legal issue before the court was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the formal requirements, was free from prohibited content, and did not unfairly discriminate against employees. The court also had to assess if the agreement was genuinely negotiated and whether it provided for the resolution of disputes.

The Fair Work Commission examined the agreement in detail, focusing on its compliance with the legislative framework. The court found that the agreement met all formal requirements, including proper notification and consultation processes. It was also free from prohibited content, ensuring that it did not undermine any fundamental rights of employees. The court further concluded that the agreement was genuinely negotiated between the applicant and its employees, as evidenced by the documented negotiation process. Finally, the agreement provided for effective dispute resolution mechanisms, ensuring that any employment-related issues could be resolved in a fair and timely manner. Based on these findings, the court approved the agreement.

The Fair Work Commission approved the ARA Electrical Engineering Services Pty Ltd Singleton Branch Single Enterprise Agreement 2023, confirming its compliance with the relevant statutory requirements. The approval is effective from the date of the decision, ensuring that the terms and conditions outlined in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established