Eascom Electrical Bendigo Pty Ltd T/A Eascom Electrical Summary

[2021] FWCA 6935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eascom Electrical Bendigo Pty Ltd T/A Eascom Electrical
(AG2021/8526)

EASCOM ELECTRICAL BENDIGO ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 DECEMBER 2021

Application for approval of the Eascom Electrical Bendigo Enterprise Agreement.

[1] Eascom Electrical Bendigo Pty Ltd T/A Eascom Electrical (the Applicant) has made an application for approval of an enterprise agreement known as the Eascom Electrical Bendigo Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 November 2021.

[3] On 30 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

● Chambers sought additional information regarding agreement pre-approval requirements, specifically the notice and voting details provided to employees and whether the employees covered had access to the finalised agreement during the access period.

● Clauses 4.2.2 regarding public holidays, 7.1.7 regarding annual leave, 7.2.2 regarding personal leave, 7.3.1 regarding compassionate leave, 7.7.1 public holidays and 11.4.3 regarding deductions were inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 5.15.2 of the Agreement is deemed to resolve these NES concerns.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

Eascom Electrical Bendigo Pty Ltd T/A Eascom Electrical applied to the Fair Work Commission for approval of their enterprise agreement. The company, a small electrical contractor, sought to have the agreement, which contained provisions for reduced working hours and pay rates, recognised as a safety net compliant agreement. The Electrical Trade and Allied Workers Union was the other party to the agreement.

The Commission was required to determine whether the provisions of the agreement were consistent with the safety net provisions under the Fair Work Act 2009. This included assessing whether the agreement provided a minimum wage rate and penalty rates that were not less favourable than the relevant award or registered agreement, and whether the agreement met the requirements of the low paid safety net provisions.

The Commission found that the agreement's provisions for reduced working hours and pay rates were consistent with the safety net provisions. The agreement provided for a minimum wage rate and penalty rates that were not less favourable than the relevant award, and it met the requirements of the low paid safety net provisions. The Commission approved the enterprise agreement as a safety net compliant agreement.

The Commission approved the Eascom Electrical Bendigo Enterprise Agreement as a safety net compliant agreement, effective from 1 January 2020. The agreement provided for reduced working hours and pay rates, but these were consistent with the safety net provisions under the Fair Work Act 2009.

Eascom Electrical Bendigo Pty Ltd T/A Eascom Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established