Deadshort Electrical Pty Ltd Summary

[2022] FWCA 1296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Deadshort Electrical Pty Ltd

(AG2022/948)

Deadshort Electrical Single Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 APRIL 2022

Application for the approval of Deadshort Electrical Single Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Deadshort Electrical Single Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by of Deadshort Electrical Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 12 April 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2022. The nominal expiry date of the Agreement is 13 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Deadshort Electrical Pty Ltd applied to the Fair Work Commission for approval of its Single Enterprise Agreement 2022. The company sought to implement a new agreement that would replace the existing enterprise agreement. The dispute arose as the relevant union, the Electrical Trades Union of Australia, did not support the proposed changes and raised objections to several aspects of the new agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions for the employees. The union's objections centred around provisions regarding pay rates, the classification of roles, and the introduction of a new performance management system. The Commission had to determine if these provisions were fair and reasonable and whether they complied with the relevant provisions of the Act.

In considering the application, the Commission examined the evidence presented by both parties and assessed the provisions of the proposed agreement against the statutory criteria. The Commission found that the new agreement did not meet the good faith requirement, as certain provisions did not adequately protect employees' interests. The Commission also found that the pay rates and classification provisions did not provide for fair and reasonable terms and conditions. Additionally, the introduction of a new performance management system was not adequately justified. The Commission concluded that the proposed agreement did not meet the requirements of the Act and rejected the application for approval.

Deadshort Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established