Genus Pfa Pty Ltd T/A Pole Foundations Australia Summary

[2024] FWCA 4706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Genus Pfa Pty Ltd T/A Pole Foundations Australia

(AG2024/4889)

GENUS PFA PTY LTD T/AS POLE FOUNDATIONS AUSTRALIA ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 30 DECEMBER 2024

Application for approval of the Genus PFA Pty Ltd T/as Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Genus PFA Pty Ltd T/as Pole Foundations Australia 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 Pfa Pty Ltd T/A Pole Foundations Australia (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

The case before the Fair Work Commission involved Genus PFA Pty Ltd, trading as Pole Foundations Australia, and the Electrical Supply Industry Queensland. The dispute centred around the approval of the proposed Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the required terms as outlined by the Fair Work Act, and if it was appropriate and fair for the employees covered by the agreement. Specifically, the Commission needed to assess if the agreement provided adequate protections and benefits to the employees, and if it complied with the procedural requirements for enterprise agreements. Additionally, the Commission had to consider if there were any provisions in the agreement that were contrary to public policy or that otherwise rendered the agreement unfair.

In its decision, the Commission carefully reviewed the terms of the agreement and considered submissions from both Genus PFA Pty Ltd and the Electrical Supply Industry Queensland. The Commission found that the agreement contained all the required terms and was appropriately negotiated. It provided fair and reasonable terms for the employees, including provisions for wages, hours of work, leave, and other employment conditions. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy and that the procedural requirements for the agreement had been met. As a result, the Commission approved the agreement, finding it to be fair and appropriate.

The Fair Work Commission ordered the approval of the Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028 for Genus PFA Pty Ltd, trading as Pole Foundations Australia. The agreement was set to commence on 1 July 2024 and would remain in effect until 30 June 2028, subject to the parties' rights to apply for its termination or variation.

Genus Pfa Pty Ltd T/A Pole Foundations Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established