ECA Training Pty. Limited

[2024] FWCA 864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

ECA Training Pty. Limited

(AG2023/4471)

NECA ELECTRICAL APPRENTICESHIPS QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 8 MARCH 2024

Application for approval of the NECA Electrical Apprenticeships Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the NECA Electrical Apprenticeships Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ECA Training Pty. Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ECA Training Pty. Limited applied for the approval of the NECA Electrical Apprenticeships Queensland Enterprise Agreement 2023 - 2026. The application was heard in the Fair Work Commission, which is Australia’s workplace relations tribunal. The applicant, ECA Training, is a registered training organisation, and NECA represents the interests of employers in the electrical industry in Queensland. The dispute revolves around whether the proposed enterprise agreement meets the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement covered a genuine enterprise bargaining agreement, if it included all mandatory bargaining items, and whether it complied with the provisions of the Fair Work Act. It was also necessary to determine if the agreement provided for the fair treatment of employees and ensured a safe working environment. The Commission had to assess the balance of the agreement, considering the interests of both the employer and the employees.

The Commission found that the agreement was genuinely negotiated and covered the requirements of a genuine enterprise bargaining agreement. It included all mandatory bargaining items, and the terms were not disadvantageous to the employees. The Commission also determined that the agreement did not breach any provisions of the Fair Work Act. The agreement was fair, providing for the equitable treatment of employees and ensuring a safe working environment. The Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the NECA Electrical Apprenticeships Queensland Enterprise Agreement 2023 - 2026, subject to the conditions that the agreement is genuinely negotiated and complies with the Fair Work Act. The agreement is now registered, and the terms will govern the employment conditions of the employees in the electrical apprenticeships industry in Queensland for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established