Ertech Pty Ltd, Yaraandoo Pty Ltd and Ertech Electrical Pty Ltd Summary

[2022] FWCA 1198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ertech Pty Ltd, Yaraandoo Pty Ltd and Ertech Electrical Pty Ltd

(AG2022/719)

E.P.L Electrical Agreement 2021

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 5 APRIL 2022

Application for approval of the E.P.L Electrical Agreement 2021.

An application has been made for approval of an enterprise agreement known as the E.P.L Electrical Agreement 2021 (Agreement). The application was made by Ertech Pty Ltd, Yaraandoo Pty Ltd and Ertech Electrical Pty Ltd (Applicants) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement and the Applicants are single interest employers within the meaning of s.172(5)(b) of the Act as they are related bodies corporate.

An error was made in the application in that it referenced the wrong employer and applicant name. The Applicants applied for a correction such that the correct legal names of the Applicants were referenced in the application. Pursuant to s.586 of the Act, I allow the correction to the application so that it references the names of the Applicants.

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

The Applicants, who are the employers covered by the Agreement, have provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 5 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from Ertech Pty Ltd, Yaraandoo Pty Ltd, and Ertech Electrical Pty Ltd for the approval of the E.P.L Electrical Agreement 2021. This agreement is intended to serve as an enterprise agreement under the Fair Work Act 2009. The Applicants, who are related bodies corporate, sought the approval to formalise the terms and conditions of employment within the electrical contracting industry. The application process, however, initially contained an error regarding the names of the Applicants, which they sought to rectify.

The primary legal issue before the Commissioner was whether the correction of the application, which referenced the incorrect names of the Applicants, should be permitted. Additionally, the Commissioner needed to determine if the Agreement met the statutory requirements for approval as set out in sections 186, 187, 188, and 190 of the Fair Work Act. This involved verifying that the Agreement had been subject to the requisite level of consultation and that it did not result in any substantial detriment to the employees.

In allowing the correction to the application, the Commissioner referenced section 586 of the Fair Work Act, ensuring the application accurately reflected the legal identities of the Applicants. The Commissioner also took into account the model consultation term prescribed by the Fair Work Regulations 2009 as a term of the Agreement. The views of bargaining representatives were sought and no objections were raised regarding the written undertakings provided by the Applicants. Satisfied that the acceptance of these undertakings would not cause financial detriment to any employee or result in substantial changes to the Agreement, the Commissioner accepted the undertakings under section 190(3) of the Act. Having considered all materials before the Commission, the Commissioner concluded that all relevant statutory requirements for approval had been met.

The Agreement was approved and, pursuant to section 54 of the Act, it will take effect from 12 April 2022. The nominal expiry date for the Agreement is set for 5 April 2026. The Commissioner's decision ensures that the terms of the E.P.L Electrical Agreement 2021 will be legally binding for the specified period, providing a framework for the employment conditions within the electrical contracting industry as intended by the Applicants.

Ertech Pty Ltd, Yaraandoo Pty Ltd and Ertech Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established