Citywide Utilities Pty Ltd T/A Frontline Electrical Contracting Summary

[2022] FWCA 3583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Citywide Utilities Pty Ltd T/A Frontline Electrical Contracting

(AG2022/4200)

Frontline Electrical Enterprise Agreement 2021 - 2024

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 14 OCTOBER 2022

Application for approval of the Frontline Electrical Enterprise Agreement 2021 - 2024

An application has been made for approval of an enterprise agreement known as the Frontline Electrical Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Citywide Utilities Pty Ltd T/A Frontline Electrical Contracting. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 organisation.

Noting that clause 40.6 may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Citywide Utilities Pty Ltd, trading as Frontline Electrical Contracting, and its employees. The dispute centred on the application for approval of the Frontline Electrical Enterprise Agreement 2021-2024. The employees, represented by their union, sought to ensure that the proposed agreement met all relevant legal standards and fairly represented their interests. The Commission was required to determine whether the agreement complied with the necessary legislative requirements and if it was made in good faith.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, if it met the coverage and disclosure requirements, and if it contained fair and reasonable terms and conditions. The Commission also needed to ascertain whether the agreement provided adequate protections and benefits for the employees and if it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered submissions from both parties and relevant precedents to make its decision.

The Fair Work Commission found that the Frontline Electrical Enterprise Agreement 2021-2024 was genuinely negotiated and met all the necessary requirements under the Fair Work Act 2009. The Commission determined that the agreement contained fair and reasonable terms and conditions, and that it provided adequate protections and benefits for the employees. The Commission also found that the agreement complied with the coverage and disclosure requirements, and that it was made in good faith. Based on these findings, the Commission approved the agreement.

In light of its findings, the Commission made an order approving the Frontline Electrical Enterprise Agreement 2021-2024, which will now apply to the employees of Citywide Utilities Pty Ltd, trading as Frontline Electrical Contracting. The Commission's decision provides certainty for both the employer and employees, ensuring that the agreement will govern their relationship for the next three years. The approval of this agreement is a significant step in promoting harmonious industrial relations between the parties involved.

Citywide Utilities Pty Ltd T/A Frontline Electrical Contracting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established