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

[2024] FWCA 4401

[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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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).

1. 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.

1. 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

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Annexure A