Electrical Design & Construction Pty Ltd

[2022] FWCA 2630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electrical Design & Construction Pty Ltd

(AG2022/3067)

Electrical Design and Construction Pty Ltd Enterprise Agreement - 2022/2025

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 AUGUST 2022

Application for approval of the Electrical Design and Construction Pty Ltd Enterprise Agreement - 2022/2025

An application has been made for approval of an enterprise agreement known as the Electrical Design and Construction Pty Ltd Enterprise Agreement - 2022/2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrical Design & Construction 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2022. 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

The case involved Electrical Design & Construction Pty Ltd and its employees, who were members of the Electrical Trades Union. The dispute centred on the approval of the Electrical Design and Construction Pty Ltd Enterprise Agreement for the period 2022 to 2025. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. This involved assessing if the agreement met the requirements for "better off overall" and "in the best interests of the employees." The Commission also had to consider whether the agreement had been made in good faith and if it adhered to the principles of industrial democracy.

In its reasoning, the Commission examined various provisions of the proposed agreement, including wages, hours of work, and other conditions of employment. It assessed whether the proposed terms and conditions provided employees with a fair and reasonable outcome, ensuring that they were not worse off than under the previous agreement or applicable award. The Commission took into account the parties' submissions, evidence provided, and relevant industry benchmarks. Ultimately, the Commission determined that the agreement met the statutory requirements and was in the best interests of the employees. The proposed agreement was found to be fair and reasonable, providing employees with improved terms and conditions of employment while maintaining a balanced approach for the employer.

Consequently, the Fair Work Commission approved the Electrical Design and Construction Pty Ltd Enterprise Agreement for the period 2022 to 2025. The agreement now serves as the governing document for the employment conditions of the employees of Electrical Design & Construction Pty Ltd during the specified timeframe. The approval ensures that both parties have a clear understanding of their respective rights and obligations, fostering a stable and productive working relationship. This decision reinforces the importance of reaching fair and reasonable agreements that benefit all stakeholders within the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established