Electrix Pty Ltd T/A Omexom Australia Summary

[2024] FWCA 1229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electrix Pty Ltd T/A Omexom Australia

(AG2024/485)

ELECTRIX PTY LTD ACT ENTERPRISE AGREEMENT 2023-2026

Electrical power industry
COMMISSIONER MCKINNON	SYDNEY, 5 APRIL 2024

Application for approval of the Electrix Pty Ltd ACT Enterprise Agreement 2023-2026

Electrix Pty Ltd T/A Omexom Australia has applied for approval of a single enterprise agreement known as the Electrix Pty Ltd ACT Enterprise Agreement 2023-2026 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 12 April 2024. The nominal expiry date of the Agreement is 5 April 2027.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission was a dispute between Electrix Pty Ltd, trading as Omexom Australia, and its employees. The employees sought approval of a proposed enterprise agreement for the period 2023-2026. The matter was heard by the Fair Work Commission, which was tasked with determining whether the agreement should be approved, having regard to the statutory requirements of the Fair Work Act 2009. The primary concern was whether the agreement met the necessary criteria for approval, including ensuring that it was free from prohibited content, provided for a safety net of minimum terms and conditions, and was made in good faith. The Commission was required to consider the submissions of both parties and any other relevant evidence presented.

The legal issues before the Commission included whether the proposed agreement complied with the statutory provisions of the Fair Work Act. This involved ensuring that the agreement was not contrary to public policy, did not discriminate against employees, and provided for adequate minimum terms and conditions. The Commission also needed to determine if the agreement was made in good faith and whether it complied with the procedural requirements for approval, including whether proper consultation had occurred and if the agreement had been properly negotiated. Additionally, the Commission had to assess the fairness of the agreement, considering the balance of rights and obligations between the employer and the employees.

After considering the submissions and evidence from both parties, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission determined that the agreement was free from prohibited content, provided for an appropriate safety net of minimum terms and conditions, and was made in good faith. The Commission also found that the procedural requirements for approval had been met, including proper consultation and negotiation. The agreement was deemed fair and balanced, considering the rights and obligations of both the employer and the employees. Consequently, the Fair Work Commission approved the Electrix Pty Ltd ACT Enterprise Agreement 2023-2026.

The final orders of the Fair Work Commission included the approval of the Electrix Pty Ltd ACT Enterprise Agreement 2023-2026. The agreement was to commence on the date of the Commission's decision and remain in effect until the end of the specified period. The Commission's approval ensured that the terms and conditions of employment for the employees were legally binding and enforceable. This decision provided certainty for both the employer and the employees, establishing a framework for their industrial relationship for the duration of the agreement.

Electrix Pty Ltd T/A Omexom Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established