Carrier Electrical Services Pty Ltd Summary

[2024] FWCA 1518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carrier Electrical Services Pty Ltd

(AG2024/1131)

CARRIER ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 2 MAY 2024

Application for approval of the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carrier Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

On the initiating application the Form F16 Application for Approval of Enterprise Agreement the legal name of the Applicant was identified as the name of the contact of the employer rather than the legal name of the employer. An amended Form F16 has been filed correcting the legal name of the employer to “Carrier Electrical Services Pty Ltd”. An Order has been issued amending the name of the employer to “Carrier Electrical Services Pty Ltd”.[1]

The notification time for the Agreement under s.173(2) was 6 October 2023 and the Agreement was made on 19 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[2]

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, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2024. The nominal expiry date of the Agreement is 2 May 2027.

COMMISSIONER

Annexure A

[1] PR773950.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Carrier Electrical Services Pty Ltd for the approval of the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, the body responsible for regulating industrial relations in Australia. The dispute arose from the need to have the proposed enterprise agreement assessed and approved to ensure it complied with the relevant industrial and legislative frameworks.

The primary legal issue before the Commission was whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the terms and conditions of employment in a fair and flexible manner, whether it included provisions for the resolution of disputes, and whether it was free from any provisions that might undermine the rights of employees or employers. The Commission also had to determine if the agreement had been made in accordance with the statutory requirements, including whether it had been fairly negotiated and if the necessary consultation processes had been followed.

The Commission found that the proposed agreement met all the necessary criteria for approval. It was determined that the agreement was fair and flexible, provided adequate mechanisms for the resolution of disputes, and did not include any provisions that would undermine the rights of either party. The Commission also confirmed that the agreement had been made in accordance with the statutory requirements, including proper negotiation and consultation processes. Therefore, the Commission approved the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2024, allowing it to come into effect.

The Fair Work Commission approved the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2024, thereby enabling its implementation as the governing agreement for the employment terms and conditions of the parties involved. This decision was made on the basis that the agreement complied with all relevant legal requirements and was fairly negotiated and agreed upon by the parties.

Carrier Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established