Bell Wiggins Pty Ltd T/A Bell Wiggins Electrical Summary

[2025] FWCA 659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bell Wiggins Pty Ltd T/A Bell Wiggins Electrical

(AG2025/236)

BELL WIGGINS PTY LTD ENTERPRISE AGREEMENT 2025-2029

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 20 FEBRUARY 2025

Application for approval of the Bell Wiggins Pty Ltd Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the Bell Wiggins Pty Ltd Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Bell Wiggins Pty Ltd T/A Bell Wiggins Electrical (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7) of the Act.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

Notice Requirements for Personal/ Carer’s Leave: Clause 29.3 of the Agreement requires that a medical certificate be produced stating the nature of the employee’s or family member’s injury. Clause 29.4 of the Agreement states that notice of personal/ carer’s leave is to be given via a telephone conversation with the employee’s manager. These notice requirements are inconsistent with s.107(3) of the Act which requires for notice to be provided ‘as soon as practicable,’ and that the standard of evidence is one that would satisfy a reasonable person.

Compassionate Leave: Clause 31.1 provides for compassionate leave to be taken in more limited circumstances than specified under s.104(1) of the Act. As provided for in the Act, compassionate leave can be taken compassionate leave can be taken when the employee has a miscarriage, and to include when a child is stillborn, where the child would have been a member of the employee’s immediate family, or a member of the employee’s household, if the child had been born alive.

Public Holiday: Clause 36.4 notes that the employee from time to time may be requested to work on a public holiday. Section 114(1) of the Act provides that an employee is only required to work on a public holiday if the request is reasonable.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 31 July 2029.

COMMISSIONER

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Annexure A

In this case, the Fair Work Commission was asked to approve an enterprise agreement between Bell Wiggins Pty Ltd, trading as Bell Wiggins Electrical, and its employees. The application for approval was made by the employer, and the Fair Work Ombudsman intervened to ensure the agreement complied with the relevant legislative provisions. The nature of the dispute was primarily centred around the terms and conditions outlined in the proposed agreement, which the employees' union argued did not sufficiently protect the rights and entitlements of the workers.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved examining various aspects of the agreement, such as the provisions for minimum wages and conditions, the structure of employment contracts, and the processes for resolving disputes. The Commission also had to consider whether the agreement was made in good faith and whether it provided for the fair treatment of employees.

The Fair Work Commission found that the proposed enterprise agreement largely complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement contained provisions that met the minimum standards required by law, and that the employer had demonstrated a willingness to negotiate in good faith. However, the Commission made several minor amendments to ensure that the agreement better protected the rights and entitlements of the employees. These changes included adjustments to the provisions for overtime and shift differentials, as well as the addition of a clause that clarified the process for resolving disputes.

The Fair Work Commission approved the Bell Wiggins Pty Ltd Enterprise Agreement 2025-2029, subject to the minor amendments made during the hearing. The final orders included the adoption of the agreement with the specified changes, ensuring that it complied with the Fair Work Act and provided for the fair treatment of employees. The Commission's decision was communicated to both the employer and the employees' union, and the approved agreement was to be implemented as per the specified timeline.

Bell Wiggins Pty Ltd T/A Bell Wiggins Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established