Grid Electrical Services Pty Ltd

[2023] FWCA 1445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Grid Electrical Services Pty Ltd

(AG2023/1331)

APPLICATION FOR APPROVAL OF THE GRID ELECTRICAL SERVICES PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 19 MAY 2023

Application for approval of the Grid Electrical Services Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the GRID ELECTRICAL SERVICES PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grid Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given 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 that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2023. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Grid Electrical Services Pty Ltd and the Electrical Trades Union of New South Wales/Australian Capital Territory (ETU NSW/ACT) for the period 2022-2025. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was free from any unfair provisions that might negatively impact employees' rights or working conditions.

The Fair Work Commission examined the agreement to ensure it adhered to the principles of procedural and substantive fairness. This involved assessing whether the agreement was genuinely negotiated, whether it provided for a fair and reasonable set of terms and conditions, and if the terms were consistent with the principles of the national workplace relations system. The Commission also considered the impact of the proposed agreement on employees, ensuring that it did not undermine any fundamental rights or protections provided under the law.

After careful consideration, the Fair Work Commission approved the agreement, finding it to be fair and reasonable on the whole. The Commission concluded that the agreement had been genuinely negotiated and provided for fair terms and conditions. It also found that the agreement did not contain any unfair provisions that would negatively affect employees' rights or working conditions. The Commission was satisfied that the agreement was in the best interests of the employees and the broader workplace relations system.

The final order was that the Grid Electrical Services Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 was approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established