Electro Data And Generation Pty Ltd

[2025] FWCA 107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Electro Data And Generation Pty Ltd

(AG2024/5106)

ELECTRO DATA AND GENERATION PTY LTD DATA AND COMMUNICATIONS ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER REDFORD	MELBOURNE, 17 JANUARY 2025

Application for approval of the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2024 -2028

An application has been made for approval of an enterprise agreement known as the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2024 -2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electro Data And Generation Pty Ltd (the Company). The Agreement is a single enterprise agreement.

Undertakings

In response to several issues raised with the Company in relation to its application, it has provided written undertakings, a copy of which are 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.

The undertakings relate to:

The definition of a shiftworker for the purposes of the additional week of annual leave
Junior apprentice wages
Overtime rate for part time employees
Minimum period of work for casual employees
Employment classifications regarding exclusion of grades 1 through 4

Stand Down

Clause 40.5 of the Agreement relates to “Stand Downs”. I note the operation of this clause will be subject to s 524 of the Act (which deals with stand down).

Interaction with the National Employment Standards

Clause 2.3 of the Agreement provides that the Agreement will be read an interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency and the NES provision provides a greater entitlement, the NES provision will apply to the extent of the inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 33.1.5 – personal / carers’ leave notification;
b.Clause 40.2 – termination of employment (withholding monies);
c.Clause 40.3 – abandonment of employment.

Consideration

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 Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2024-2028. The applicant, Electro Data and Generation Pty Ltd, sought the Commission’s approval of the agreement, which had been negotiated with relevant employee representatives. The dispute centred on whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the agreement complied with the requirements set out in the Fair Work Act. This involved examining whether the agreement covered the appropriate bargaining unit, was made in good faith, and was certified by the relevant independent statutory body as meeting the criteria for coverage, good faith and other specified matters. The Commission also had to consider if the agreement included all necessary terms and conditions of employment and whether it provided adequate protections and benefits for employees.

The Commission assessed the agreement against the statutory criteria, finding that it was made in good faith and covered the appropriate bargaining unit. It was satisfied that the agreement contained all necessary terms and conditions of employment and provided adequate protections and benefits for the employees. The Commission also noted that the agreement had been certified by the relevant independent body. Consequently, the Commission approved the agreement, finding that it met all the necessary statutory requirements.

The Fair Work Commission approved the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2024-2028. The approval was based on the Commission’s determination that the agreement was made in good faith, covered the appropriate bargaining unit, included all necessary terms and conditions, and provided adequate protections and benefits for the employees. The agreement was also certified by the relevant independent body, which further supported the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established