Days Electrical Contracting Pty Ltd T/A Laser Electrical Portland Summary

[2022] FWCA 3088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Days Electrical Contracting Pty Ltd T/A Laser Electrical Portland

(AG2022/3600)

Days Electrical Contracting Pty Ltd Enterprise Agreement 2022 - 2026

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 SEPTEMBER 2022

Application for approval of the Days Electrical Contracting Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the Days Electrical Contracting Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Days Electrical Contracting Pty Ltd T/A Laser Electrical Portland. 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 Agreement does not cover all of the employees of the employer. However, taking into account the factors in Section 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 7 September 2022 and, in accordance with s.54, will operate from 14 September 2022. The nominal expiry date of the Agreement is 7 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Days Electrical Contracting Pty Ltd, trading as Laser Electrical Portland, and its employees. The company sought approval for its Enterprise Agreement 2022-2026. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards for a modern award. The Fair Work Commission was tasked with determining these issues.

The legal issues that the Commission needed to address included whether the agreement provided for minimum terms and conditions that were no less favourable than the applicable modern award, whether it met the procedural fairness requirements, and if it contained any unfair provisions. The Commission also considered whether the agreement contained any provisions that would be contrary to public policy or that had been made in a manner that did not comply with the necessary legal requirements.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2022-2026 substantially complied with the Fair Work Act. The Commission noted that the agreement provided for terms and conditions of employment that were no less favourable than the relevant modern award and that it had been made in accordance with the statutory requirements. The Commission also found that the agreement did not contain any unfair provisions and that it had been made in a manner that was procedurally fair. Consequently, the Commission approved the agreement, subject to certain minor amendments to ensure full compliance with the Act.

The Fair Work Commission approved the Days Electrical Contracting Pty Ltd Enterprise Agreement 2022-2026, with minor amendments, to ensure full compliance with the Fair Work Act. The approval was effective from the date of the decision and was to remain in place until superseded by a new agreement or until terminated in accordance with the provisions of the Act.

Days Electrical Contracting Pty Ltd T/A Laser Electrical Portland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established