Control & Electric Pty Ltd

[2023] FWCA 1859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Control & Electric Pty Ltd

(AG2023/1987)

CONTROL & ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 JUNE 2023

Application for approval of the Control & Electric Pty Ltd Single Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Control & Electric Pty Ltd Single Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 6 June 2023.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 June 2023. The nominal expiry date of the Agreement is 22 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Control & Electric Pty Ltd seeking approval of a Single Enterprise Agreement 2023. The dispute centred around the terms and conditions of employment for the company's workforce. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement contained all the required terms and was free from prohibited content. The applicant argued that the agreement was comprehensive and did not include any prohibited provisions. The Commission examined the agreement to ensure it complied with the statutory requirements, including provisions on minimum wages, penalty rates, leave entitlements, and other standard terms and conditions of employment.

After a thorough review of the agreement, the Commission found that it contained all the necessary required terms and was free from any prohibited content. The agreement was deemed to be in the best interests of the employees, as it provided a fair and reasonable framework for their employment conditions. Consequently, the Commission approved the Control & Electric Pty Ltd Single Enterprise Agreement 2023. The approval ensures that the terms of the agreement will govern the employment conditions of the company's workforce moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established