Convergint Australia Pty Ltd Summary

[2025] FWCA 2377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Convergint Australia Pty Ltd

(AG2025/2218)

CONVERGINT QUEENSLAND ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 18 JULY 2025

Application for approval of the Convergint Queensland Enterprise Agreement 2025-2027

Convergint Australia Pty Ltd has applied for approval of an enterprise agreement known as the Convergint Queensland Enterprise Agreement 2025-2027 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Agreement contains two typographical errors that relate to the definitions of full-time and part-time employees. That is:
(1) Clause 13(d)(i) provides: “A full-time employee is an employee engaged to 38 ordinary hours per week.” In my view, the word “work” should appear before “38”.

(2) Clause 13(e)(i) provides: “A part-time employee is an employee engaged on a regular basis for a consistent number of hours 38 hours per week.” Again in my view, the words “less than” should appear before “38”.

In my view, these are “obvious errors” capable of being amended under section 218A of the Act. The parties were informed that I proposed to act on my own initiative under section 218A(2)(a) to effect the necessary amendments and were invited to raise any objections to me doing so. No objections were raised. I will amend the Agreement accordingly.

Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

Orders

Pursuant to section 218A of the Act, I order that:
(1) the Agreement be varied as follows:

(a)by inserting “work” before “38” in clause 13(d)(i); and

(b)by inserting “less than” before “38” in clause 13(e)(i); and

(2) these variations will operate from the date of this decision.

The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 25 July 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Convergint Australia Pty Ltd, an employer, and several unions representing its employees, including the Electrical Trades Union of Australia, Queensland Branch, and the Australian Manufacturing Workers Union, Queensland Branch. The unions applied to the Fair Work Commission for approval of an enterprise agreement that would govern the terms and conditions of employment for their members for the period 2025 to 2027. The dispute centred on the fairness and compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any improper conduct or coercion.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it contained any unfair provisions, and whether the agreement had been made without improper conduct or coercion. The Commission also needed to consider whether the agreement met the 'better off overall test', which required that the agreement be at least as good as the existing terms and conditions for the majority of the employees covered by it. Furthermore, the Commission was required to ensure that the agreement complied with the statutory requirements for enterprise agreements, including the provisions for employee representation and consultation.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and did not contain any unfair provisions. The Commission also determined that the agreement had been made without any improper conduct or coercion and met the better off overall test. The Commission concluded that the agreement complied with all relevant statutory requirements and was therefore approved. The Commission's decision was based on a detailed analysis of the agreement, the evidence provided by the parties, and the applicable legal principles.

The Fair Work Commission approved the Convergint Queensland Enterprise Agreement 2025-2027. The agreement is now a legally binding enterprise agreement for the period 2025 to 2027, governing the terms and conditions of employment for the employees covered by the agreement. The approval of the agreement ensures that the employees will have fair and reasonable terms and conditions of employment, and the employer will have certainty and predictability in managing its workforce. The decision provides a useful precedent for future enterprise agreements and highlights the importance of ensuring that agreements meet the statutory requirements for approval.

Convergint Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established