ARA Electrical Engineering Services Pty Ltd

[2022] FWCA 3104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd

(AG2022/3585)

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

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 7 SEPTEMBER 2022

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

ARA Electrical Engineering Services Pty Ltd has applied for approval of a single enterprise agreement known as the ARA Electrical Engineering Services Pty Ltd Wollongong Branch Single Enterprise Agreement 2022 (the Agreement).

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 is approved and will operate from 14 September 2022. The nominal expiry date of the Agreement is 5 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, ARA Electrical Engineering Services Pty Ltd, applied for approval of the Wollongong Branch Single Enterprise Agreement 2022. The Applicant sought to have the agreement approved under the Fair Work Act 2009, which requires the Commission to consider whether the agreement meets certain criteria, such as whether it provides for a fair and reasonable rate of pay and conditions of employment. The Applicant argued that the agreement was fair and reasonable, while the Respondent, an unincorporated association of employees, opposed the application on various grounds, including that the agreement did not adequately protect the employees' interests.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for a fair and reasonable rate of pay and conditions of employment, and whether it was in the best interests of the employees. The Commission considered the arguments of both parties and examined the terms of the agreement in detail. The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The Commission also found that the agreement provided for a fair and reasonable rate of pay and conditions of employment, and that it did not adversely affect the employees' interests.

Accordingly, the Commission approved the Wollongong Branch Single Enterprise Agreement 2022. The Commission made orders approving the agreement, which will now be binding on the parties and will apply to the employees covered by the agreement. The Commission also made orders setting out the effective date of the agreement and the period for which it will apply. The Respondent was given the opportunity to appeal the decision to the Federal Court, but did not do so.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established