Electrix Pty Ltd T/A Omexom Australia

[2024] FWCA 2429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electrix Pty Ltd T/A Omexom Australia

(AG2024/2221)

ELECTRIX PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 1 JULY 2024

Application for approval of the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Electrix Pty Ltd & ETU Powerline 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 Electrix Pty Ltd T/A Omexom Australia. The Agreement is a single enterprise agreement.

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

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 8 July 2024. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrix Pty Ltd, trading as Omexom Australia, recently sought approval from the Fair Work Commission for the Electrix Pty Ltd and ETU Powerline Enterprise Agreement 2023-2026. The Australian Manufacturing Workers Union, acting on behalf of the employees, contested the application on the grounds that the agreement was not in the best interests of the employees. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the requirements of section 233 of the Fair Work Act. This included whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it promoted the efficient operation of the enterprise. Furthermore, the Commission had to assess whether the agreement was made in good faith and whether it contained adequate mechanisms for dispute resolution.

The Commission found that the agreement contained provisions that met the statutory requirements for approval. It included provisions for the fair and efficient determination of terms and conditions, as well as provisions that promoted the efficient operation of the enterprise. The Commission also found that the agreement was made in good faith and contained adequate mechanisms for dispute resolution. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Electrix Pty Ltd and ETU Powerline Enterprise Agreement 2023-2026, finding that it met the statutory criteria for approval under the Fair Work Act. The Commission determined that the agreement provided for the fair and efficient determination of terms and conditions of employment, promoted the efficient operation of the enterprise, was made in good faith, and contained adequate mechanisms for dispute resolution. The agreement is now in effect and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established