Electrical Data & Fibre Optic Systems Pty Ltd t/a EDF Systems

[2021] FWCA 3010

[2021] FWCA 3010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical Data & Fibre Optic Systems Pty Ltd t/a EDF Systems
(AG2021/4830)

EDF SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2021-2025

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 MAY 2021

Application for approval of the EDF Systems Pty Ltd Enterprise Agreement 2021-2025.

[1] Electrical Data & Fibre Optic Systems Pty Ltd has applied for approval of a single enterprise agreement known as the EDF Systems Pty Ltd Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the application being filed outside the statutory timeframe, whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The application was lodged 15 days after the Agreement was made, and not within 14 days as required by s.185(3)(a) of the Act. The Applicant explained the delay was on account of representative error. In all of the circumstances, I consider it fair to extend the time for making the application to the date it was actually made and do so pursuant to s.185(3)(b) of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure that the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 27 May 2021 and will operate from 3 June 2021. In accordance with s.186(5) of the Act and clause 6, the Agreement will operate for a period of 4 years from the date of approval and the nominal expiry date of the Agreement is 27 May 2025.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511607 PR730165>

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Annexure A