Hajjar Electrical Contractors Pty Ltd Summary

[2023] FWCA 980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hajjar Electrical Contractors Pty Ltd

(AG2023/548)

HAJJAR ELECTRICAL CONTRACTORS PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 3 APRIL 2023

Application for approval of the Hajjar Electrical Contractors Pty Ltd Single Enterprise Agreement 2023.

Hajjar Electrical Contractors Pty Ltd (the Employer) has made an application for the approval of the Hajjar Electrical Contractors Pty Ltd Single Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2023. The nominal expiry date of the Agreement is 3 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Hajjar Electrical Contractors Pty Ltd was brought before the Commission for the purpose of approving the Single Enterprise Agreement 2023. The dispute involved the company and its employees, who were seeking to establish fair and equitable terms and conditions of employment through the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement contained the mandatory minimum terms as required by the Fair Work Act and whether it had been made in good faith. Specifically, the Commission needed to assess if the agreement provided for appropriate pay rates, conditions, and entitlements that aligned with the provisions of the Act. Furthermore, the Commission had to ensure that the agreement was not made under any duress or coercion and that it had been negotiated in a manner consistent with the principles of good faith bargaining.

Upon reviewing the agreement, the Commission found that it complied with the mandatory minimum terms set out in the Fair Work Act. The proposed pay rates, conditions, and entitlements were deemed fair and reasonable, taking into account the nature of the work performed by the employees. Additionally, the Commission was satisfied that the agreement had been made in good faith, as evidenced by the process of negotiation and consultation between the parties. Consequently, the Commission approved the Hajjar Electrical Contractors Pty Ltd Single Enterprise Agreement 2023, recognising it as a fair and effective means of regulating the employment relationship between the company and its employees. The approval ensures that the agreement will provide a stable and predictable framework for the parties to manage their workplace relations going forward.

Hajjar Electrical Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established