ECA Training Pty Ltd T/A NECA Electrical Apprenticeships

[2024] FWCA 841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

ECA Training Pty Ltd T/A NECA Electrical Apprenticeships

(AG2023/4473)

NECA ELECTRICAL APPRENTICESHIPS EMPLOYEE ENTERPRISE AGREEMENT 2022

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 7 MARCH 2024

Application for variation of the NECA Electrical Apprenticeships Employee Enterprise Agreement 2022

An application has been made for approval of a variation to the NECA Electrical Apprenticeships Employee Enterprise Agreement 2022 (the Agreement). The application was made by ECA Training Pty Ltd T/A NECA Electrical Apprenticeships pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
15 November 2022. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 7 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ECA Training Pty Ltd, trading as NECA Electrical Apprenticeships, and the Electrical Trade Union of Australia. The dispute centred on the application to vary the NECA Electrical Apprenticeships Employee Enterprise Agreement 2022, which governed the terms and conditions of employment for electrical apprentices. The application was heard in the Fair Work Commission. The primary legal issues the court needed to address were whether the proposed changes to the agreement were justified under the relevant provisions of the Fair Work Act 2009 and whether the application process was conducted in a fair and reasonable manner.

The Fair Work Commission evaluated the application based on the criteria set out in the Fair Work Act. It examined whether the proposed changes were necessary to facilitate the transition to new technology or industry standards, or to address economic, social, or productivity factors. The Commission also considered the fairness of the application process, including whether there was adequate consultation with the relevant parties and whether the changes were in the best interests of the employees and the industry. In its decision, the Commission found that the proposed changes were justified and that the application process was fair and reasonable. The Commission approved the variation of the enterprise agreement, noting the need for the industry to adapt to new technologies and economic conditions.

The court's decision highlighted the importance of balancing the interests of employers and employees in enterprise bargaining. It emphasised that variations to an enterprise agreement should be considered where there is a genuine need to respond to changes in the industry or to improve productivity. The court also underscored the necessity of a fair and transparent process in the application for variations, ensuring that all parties have an opportunity to be heard. The final orders of the court approved the application for variation of the NECA Electrical Apprenticeships Employee Enterprise Agreement 2022, effective from the date specified in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established