Fredon (WA) Electrical Pty Ltd

[2024] FWCA 2752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fredon (WA) Electrical Pty Ltd

(AG2024/2485)

FREDON (WA) ELECTRICAL PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 26 JULY 2024

Application for approval of the Fredon (WA) Electrical Pty Ltd Construction Enterprise Agreement 2023

Fredon (WA) Electrical Pty Ltd has applied for approval of a single enterprise agreement known as the Fredon (WA) Electrical Pty Ltd Construction Enterprise Agreement 2023 (the Agreement).

Employees were not given notice of the time, place and voting method for the Agreement at least seven clear days before the vote to approve the Agreement commenced. The Applicant has explained the circumstances and on that basis, I am satisfied that what occurred was a minor procedural error that is not likely to have disadvantaged any employee or to have affected the outcome of the vote.

On the papers and having regard to the Statement of Principles[1], 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 2 August 2024. The nominal expiry date of the Agreement is 12 May 2028.

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

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon (WA) Electrical Pty Ltd applied to the Fair Work Commission for approval of a proposed construction enterprise agreement. The applicant, Fredon (WA) Electrical Pty Ltd, is an employer in the electrical contracting industry, and the application pertains to a construction enterprise agreement with its employees. The legal issues before the Commission were whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and registered. Specifically, the Commission had to determine whether the agreement provided for a fair and equitable outcome for the employees, and whether it complied with the procedural requirements of the Act.

The Commission examined the agreement in light of various statutory criteria, including whether the agreement was negotiated in good faith and whether it contained provisions for a fair and reasonable terms of employment. The Commission also considered the procedural fairness of the agreement, including whether employees had been adequately informed and consulted about the agreement. The Commission noted that the agreement contained standard provisions for wages, hours of work, leave, and other employment conditions, which were consistent with industry benchmarks. The Commission was satisfied that the agreement provided for fair and reasonable terms of employment, and that it had been negotiated in good faith. The Commission also found that the procedural requirements of the Act had been met, as employees had been adequately informed and consulted about the agreement.

In light of the above, the Commission approved the proposed construction enterprise agreement and registered it under the Fair Work Act 2009. The agreement will now apply to the employees of Fredon (WA) Electrical Pty Ltd and will provide them with a fair and reasonable terms of employment. The approval of the agreement is a significant step forward for the parties and will provide certainty and stability to the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established