Electro Industry Group Queensland Limited T/A Electro Group Apprentices Summary

[2024] FWCA 3115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Electro Industry Group Queensland Limited T/A Electro Group Apprentices

(AG2024/2979)

ELECTRO INDUSTRY GROUP QUEENSLAND LIMITED COLLECTIVE AGREEMENT 2024 - 2027

Electrical contracting industry
COMMISSIONER CONNOLLY	MELBOURNE, 26 AUGUST 2024

Application for approval of the Electro Industry Group Queensland Limited Collective Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Electro Industry Group Queensland Limited Collective Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electro Industry Group Queensland Limited T/A Electro Group Apprentices (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 August 2024.

The notification time for the Agreement under s.173(2) was 18 December 2023 and the Agreement was made on 24 July 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act 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 from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2027.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Electro Industry Group Queensland Limited T/A Electro Group Apprentices applied for approval of their collective agreement for the period 2024-2027. The application was brought by the employer against the Australian Council of Trade Unions and the Electrical Trades Union. The agreement sought to establish terms and conditions for apprentice electricians, including wages, hours of work, and other employment conditions.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning its compliance with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009. The Commission had to determine if the agreement provided for a safety net of minimum terms and conditions, and if the process through which the agreement was made was fair and in line with relevant provisions.

The Fair Work Commission found that the agreement contained terms that provided for a safety net of minimum terms and conditions, ensuring that employees would not be paid less than the applicable award rates and conditions. The Commission also considered the process by which the agreement was made and found it to be fair and in line with the relevant legislative provisions. The employer and the unions had engaged in good faith negotiations, and the agreement reflected the outcomes of those negotiations. Consequently, the Commission approved the Electro Industry Group Queensland Limited T/A Electro Group Apprentices Collective Agreement 2024-2027.

The Commission ordered that the agreement be approved as a registered agreement, effective from the date of the decision, and that it be registered in accordance with the relevant provisions of the Fair Work Act 2009. The agreement would then apply to the employees covered by it, providing them with the terms and conditions outlined in the approved agreement.

Electro Industry Group Queensland Limited T/A Electro Group Apprentices

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established