Generation-e Human Resources Pty Ltd T/A Generation-e Human Resources

[2024] FWCA 4401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Generation-e Human Resources Pty Ltd T/A Generation-e Human Resources

(AG2024/3640)

GENERATION-E HUMAN RESOURCES PTY LTD ENTERPRISE

Agreement 2024-2028

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 13 DECEMBER 2024

Application for approval of the Generation-e Human Resources Pty Ltd Enterprise Agreement 2024-2028.

An application has been made for approval of an enterprise agreement known as the Generation-e Human Resources Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Generation-e Human Resources Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Form F17B indicated that employees were notified of the details of the vote on 29 August 2024. I note that the vote commenced less than seven clear days later, on 5 September 2024. To satisfy the requirements under s.186(2)(a) that the Agreement was genuinely agreed to by the employees, the Commission must consider whether the employer has taken all reasonable steps to explain the Agreement to the employees and that the explanation was provided in a manner appropriate to the circumstances and needs of the employees per s.188(1) and s.180(5) of the Act, as well as paragraphs 8 to 14 of the Statement of Principles on Genuine Agreement. In the circumstances, I am satisfied that despite the shorter access period, employees were not likely to be disadvantaged, and the Agreement was genuinely agreed to.

The Form F17B filed by the Employer also indicated that the voting method chosen was one in which the votes of the employees were ascertainable to the Employer. In correspondence to the Employer, I outlined my concern with the process, noting that it may contravene paragraph 15(a) of the Statement of Principles on Genuine Agreement. In response, statutory declarations sworn by the employees were filed, and I am satisfied that the Agreement was genuinely agreed to by employees and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. The workplace delegates’ rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 13 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Generation-e Human Resources Pty Ltd, trading as Generation-e Human Resources, applied for the approval of the Enterprise Agreement 2024-2028. The applicants sought to have the agreement approved as a modern award, in accordance with the Fair Work Act 2009. The application was opposed by the Australian Services Union, which represented some of the employees. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act, particularly regarding the provisions concerning wages, working conditions, and dispute resolution mechanisms.

The court had to determine whether the Enterprise Agreement was fair and reasonable, taking into account the broader public interest and the criteria set out in the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions of employment, did not undermine the safety net of minimum standards, and did not adversely affect the operation of the safety net. The court also considered whether the agreement contained appropriate dispute resolution mechanisms and whether it was in compliance with relevant legislative provisions.

The Fair Work Commission found that the Enterprise Agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, did not undermine the safety net of minimum standards, and included appropriate dispute resolution mechanisms. The commission noted that the agreement was in compliance with the legislative requirements and did not adversely affect the operation of the safety net. Therefore, the application was approved, and the Enterprise Agreement was registered as a modern award.

The final orders of the commission included the approval and registration of the Enterprise Agreement as a modern award, effective from the date of the decision. The agreement would apply to the employees of Generation-e Human Resources and would remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act. The Australian Services Union's opposition was dismissed, and the agreement was endorsed as a valid and legally binding modern award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established