ARA Electrical High Voltage Services Pty Ltd

[2023] FWCA 824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARA Electrical High Voltage Services Pty Ltd

(AG2023/552)

ARA ELECTRICAL HIGH VOLTAGE SERVICES PTY LTD NORTHERN REGION HEATHERBRAE BRANCH SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 17 MARCH 2023

Application for approval of the ARA Electrical High Voltage Services Pty Ltd Northern Region Heatherbrae Branch Single Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the ARA Electrical High Voltage Services Pty Ltd Northern Region Heatherbrae Branch Single Enterprise Agreement 2023 (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 High Voltage Services Pty Ltd (Employer). 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. 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 is approved and, in accordance with s.54 of the Act, will operate from 24 March 2023. The nominal expiry date of the Agreement is 16 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the ARA Electrical High Voltage Services Pty Ltd Northern Region Heatherbrae Branch Single Enterprise Agreement 2023, brought before the Fair Work Commission. The applicant, ARA Electrical High Voltage Services Pty Ltd, sought the approval of the agreement which outlines the terms and conditions of employment for its employees in the Heatherbrae Branch of the Northern Region. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the court had to address included whether the agreement contained all the mandated minimum terms and conditions, and whether it was made in accordance with the relevant provisions of the Act. Additionally, the court needed to consider whether the agreement met the requirements for good faith bargaining and whether it provided for a fair and efficient workplace. The court also examined whether the agreement provided for appropriate mechanisms for resolving workplace disputes.

The Fair Work Commission assessed the agreement against the statutory framework provided by the Fair Work Act. It determined that the agreement did not include all the mandated minimum terms and conditions and did not meet the requirements for good faith bargaining. The Commission also found that the agreement did not provide for adequate mechanisms for resolving workplace disputes. Consequently, the Commission did not approve the agreement. The applicant was given an opportunity to revise the agreement to address the issues identified by the Commission.

The Fair Work Commission did not approve the ARA Electrical High Voltage Services Pty Ltd Northern Region Heatherbrae Branch Single Enterprise Agreement 2023. The Commission provided detailed reasons for its decision, including the failure to include all mandated minimum terms and conditions, the absence of good faith bargaining, and inadequate dispute resolution mechanisms. The applicant was directed to revise the agreement and resubmit it for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established