| [2022] FWCA 3409 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Arnold Electrical & Data Installations Pty Ltd T/A Arnold Electrical & Data Instrumentation
(AG2022/3939)
Arnold Enterprise Agreement 2022-2025
| Electrical contracting industry | |
| COMMISSIONER SPENCER | BRISBANE, 5 OCTOBER 2022 |
Application for approval of the Arnold Enterprise Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Arnold Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arnold Electrical & Data Installations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU), being a bargaining representative for the Agreement, 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 ETU.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2022. The nominal expiry date of the Agreement is 1 November 2025.
COMMISSIONER
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- AGLC
- Arnold Electrical & Data Installations Pty Ltd T/A Arnold Electrical & Data Instrumentation [2022] FWCA 3409
- Case
- [2022] FWCA 3409
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the agreement complied with the statutory requirements set out in the Fair Work Act and the Fair Work Regulations 2009. Key considerations included whether the agreement met the minimum entitlements prescribed by the National Employment Standards and the provisions for employee representation and consultation. The Commission also had to assess whether the agreement was made in good faith and if it included adequate mechanisms for dispute resolution.
In delivering its decision, the Fair Work Commission emphasised the importance of the agreement providing for fair and reasonable terms and conditions. It noted that the proposed agreement satisfied the statutory requirements by incorporating the minimum entitlements and provisions for employee representation. The Commission found that the agreement was made in good faith and contained sufficient provisions for dispute resolution. Consequently, the Commission approved the Arnold Enterprise Agreement 2022-2025, recognising it as meeting the legislative standards for enterprise agreements.
The final orders of the Fair Work Commission included the approval of the Arnold Enterprise Agreement 2022-2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions for the specified period. The decision provided clarity for both the employer and employees regarding their rights and obligations under the approved agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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