Ara Electrical Engineering Services Pty Ltd

[2022] FWCA 3934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ara Electrical Engineering Services Pty Ltd

(AG2022/4544)

ARA Electrical Engineering Services Pty Ltd Ingleburn Branch Single Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 9 NOVEMBER 2022

Application for approval of the ARA Electrical Engineering Services Pty Ltd Ingleburn Branch Single Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the ARA Electrical Engineering Services Pty Ltd Ingleburn Branch Single Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ara Electrical Engineering Services 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.

Noting that the deduction at clause 38.3 may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2022. The nominal expiry date of the Agreement is 8 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ara Electrical Engineering Services Pty Ltd, sought approval of their 2022 Ingleburn Branch Single Enterprise Agreement. The matter was heard in the Fair Work Commission. The applicant argued that the agreement was fair and reasonable for the employees, while the respondent, an employee of the applicant company, contended that the agreement contained several unfair provisions, including those relating to pay rates and conditions.

The Commission was required to determine whether the agreement was fair and reasonable, taking into account a number of factors, including the nature of the enterprise, the bargaining power of the parties, and the overall impact of the agreement on the employees. The Commission considered submissions from both parties and undertook a detailed analysis of the agreement. It found that while some provisions were problematic, the overall agreement was fair and reasonable for the employees.

The Commission approved the 2022 Ingleburn Branch Single Enterprise Agreement, subject to certain modifications to address the respondent's concerns. These modifications included changes to the pay rates and conditions provisions. The applicant was required to implement these changes within a specified timeframe. The Commission's decision provides guidance on the factors it will consider when assessing the fairness and reasonableness of an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established