FLC Electrical Pty Ltd

[2024] FWCA 2949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FLC Electrical Pty Ltd

(AG2024/2920)

FLC ELECTRICAL PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 9 AUGUST 2024

Application for approval of the FLC Electrical PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026

An application has been made for approval of an enterprise agreement known as the FLC Electrical PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FLC Electrical Pty Ltd. 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.

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 16 August 2024. The nominal expiry date of the Agreement is 31 October 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of a proposed enterprise agreement between FLC Electrical Pty Ltd and the Electrical Trades Union of NSW/ACT for the period 2024-2026. The ETU sought to have the agreement approved under the expedited process, asserting that it met all necessary conditions. FLC Electrical Pty Ltd did not oppose the application, but raised concerns about certain provisions in the agreement.

The key legal issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements and the principles of good faith bargaining. This included examining whether the agreement had been made in good faith, whether it contained all the necessary provisions, and whether it was fair and reasonable. The Commission had to ensure that the agreement did not contravene any provisions of the Fair Work Act 2009 and was consistent with the objectives of the Act, particularly in terms of promoting harmonious, productive, and cooperative workplace relationships.

The Commission found that the agreement was made in good faith, contained all the necessary provisions, and was fair and reasonable. It satisfied the requirements of section 230 of the Act, which pertains to the expedited process for approving enterprise agreements. The Commission noted the absence of any opposition from FLC Electrical Pty Ltd and the union's demonstration of a robust process of negotiation. The terms of the agreement were deemed to be consistent with the principles of good faith bargaining and met all statutory requirements. As a result, the Commission approved the agreement under the expedited process.

The Fair Work Commission approved the FLC Electrical PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026, effective from the date of the decision. The agreement was authorised to be in place for the specified period and the Commission's approval was final and binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established