Copper Core Installations Pty Ltd

[2024] FWCA 4052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Copper Core Installations Pty Ltd

(AG2024/3909)

COPPER CORE INSTALLATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 20 NOVEMBER 2024

Application for approval of the Copper Core Installations Pty Ltd Single Enterprise Agreement 2024- 2028

Copper Core Installations Pty Ltd (“the Employer”) has made an application for approval of an enterprise agreement known as the Copper Core Installations Pty Ltd Single Enterprise Agreement 2024-2028 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (“Undertakings”). A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
The Commission sought the views of the employee bargaining representative in respect of the Undertakings.
Pursuant to s 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Having regard to the Undertakings, and on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 27 November 2024. The nominal expiry date of the Agreement is 20 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Copper Core Installations Pty Ltd applied for approval of a new Single Enterprise Agreement (SEA) for the period 2024 to 2028. The Fair Work Commission (FWC) was tasked with deciding whether the agreement met the requirements of the Fair Work Act 2009. The applicants were the employer, Copper Core Installations Pty Ltd, and the respondent was the union representing the employees, the Electrical Trades Union of Australia. The union did not object to the agreement but raised concerns about specific provisions. The FWC had to determine whether the agreement complied with the criteria set out in the legislation, including whether it provided for minimum terms and conditions of employment and whether it had been made in good faith.

The central issue before the Commission was whether the proposed SEA met the statutory requirements for approval. This involved examining whether the agreement provided for minimum terms and conditions of employment, whether it was made in good faith, and whether it complied with other relevant provisions of the Fair Work Act. The FWC also had to consider the union's concerns, which were not objections but rather highlighted specific provisions that could potentially be improved. The Commission assessed the agreement's provisions against the legislative criteria and evaluated the context in which the agreement was made.

After reviewing the agreement and considering the union's feedback, the FWC found that the SEA complied with the statutory requirements. The Commission concluded that the agreement provided for the minimum terms and conditions, was made in good faith, and satisfied all other relevant criteria under the Fair Work Act. The FWC noted that while the union had raised certain concerns, these did not amount to objections and did not detract from the overall compliance of the agreement. Consequently, the FWC approved the SEA, allowing it to come into effect as of the specified period.

The Fair Work Commission approved the Copper Core Installations Pty Ltd Single Enterprise Agreement 2024-2028. This decision was based on the determination that the agreement met all statutory requirements, including the provision of minimum terms and conditions, and was made in good faith. The FWC's approval ensures that the SEA will govern the employment conditions of the relevant employees during the specified period, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established