Edl Group Operations Pty Ltd T/A Edl Group Operations Pty Ltd

[2023] FWCA 653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Edl Group Operations Pty Ltd T/A Edl Group Operations Pty Ltd

(AG2023/151)

EDL Group Operations Pty Ltd – AWU Agreement 2022

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 28 FEBRUARY 2023

Application for approval of the EDL Group Operations Pty Ltd – AWU Agreement 2022

An application has been made for approval of an enterprise agreement known as the EDL Group Operations Pty Ltd – AWU Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EDL Group Operations Pty Ltd T/A EDL Group Operations Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Edl Group Operations Pty Ltd, trading as Edl Group Operations Pty Ltd, applied to the Fair Work Commission for the approval of the EDL Group Operations Pty Ltd – AWU Agreement 2022. The Australian Workers Union sought to intervene in the proceedings. The central issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement was made in good faith and if it provided for the proper regulation of terms and conditions of employment.

The Commission began by examining the process through which the agreement was formed. It considered whether there had been genuine bargaining between the parties and if the agreement reflected the outcomes of that bargaining. The Commission also evaluated whether the agreement provided fair terms and conditions for the employees covered by it. Additionally, the Commission assessed whether the agreement complied with the provisions of the Fair Work Act that relate to the approval of enterprise agreements.

In its decision, the Commission found that the agreement was made in good faith and was the product of genuine bargaining. The Commission determined that the terms and conditions provided for in the agreement were fair and met the requirements of the Fair Work Act. The Commission was satisfied that the agreement was not contrary to public policy and did not have the effect of undermining the operation of the Act. Accordingly, the Commission approved the EDL Group Operations Pty Ltd – AWU Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established