Genus Infrastructure (Qld) Pty Ltd T/A Genus Infrastructure (Qld) Pty Ltd

[2024] FWCA 4656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Genus Infrastructure (Qld) Pty Ltd T/A Genus Infrastructure (Qld) Pty Ltd

(AG2024/4803)

GENUS INFRASTRUCTURE (QLD) PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 24 DECEMBER 2024

Application for approval of the Genus Infrastructure (QLD) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Genus Infrastructure (QLD) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Genus Infrastructure (Qld) Pty Ltd T/A Genus Infrastructure (Qld) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

I note the undertakings were provided in relation to the following:

· For the purposes of Clause 7.4, an Employee Representative includes a Workplace Delegate as defined in s. 350C (1) of the Act.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Electrical Supply Industry (Queensland) Award 2010, Genus Infrastructure (Qld) Pty Ltd sought approval for its Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028. The application was lodged with the Fair Work Commission, and the dispute involved the procedural fairness and merits of the proposed agreement. The applicant argued that the agreement was made in good faith, while the respondent contested its approval on several grounds.

The central legal issues before the Commission were whether the application for approval was procedurally fair and whether the agreement met the requirements of the Fair Work Act 2009. The respondent raised concerns about the consultation process, the impact of the agreement on employee conditions, and whether the agreement was made in good faith. The Commission needed to determine whether the applicant had adequately demonstrated that the agreement was appropriate and fair, considering all relevant factors.

The Fair Work Commission found that the application for approval was procedurally fair, as the applicant had provided sufficient evidence of the consultation process and the steps taken to ensure that the agreement was made in good faith. Regarding the merits of the agreement, the Commission considered various factors, including the impact on employee conditions, the fairness of the proposed terms, and the overall benefits of the agreement. After thorough examination, the Commission concluded that the agreement was fair and appropriate, meeting the requirements of the Fair Work Act 2009.

The Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028, finding it to be fair and appropriate. The approval was based on the evidence presented by the applicant and the overall benefits of the agreement to both parties. The decision underscores the importance of good faith consultation and the need for agreements to be fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established