Insight Electrical Co. Pty Ltd

[2024] FWCA 1484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Insight Electrical Co. Pty Ltd

(AG2024/1154)

INSIGHT ELECTRICAL CO. PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 23 APRIL 2024

Application for approval of the Insight Electrical Co. Pty Ltd Enterprise Agreement 2024-2028.

An application has been made for approval of an enterprise agreement known as the Insight Electrical Co. Pty Ltd 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 Insight Electrical Co. Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2024. The nominal expiry date of the Agreement is 22 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Insight Electrical Co. Pty Ltd was the subject of a recent application before the Fair Work Commission concerning the approval of the Enterprise Agreement 2024-2028. The dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009. The application was brought by the company, with the Electrical Trades Union of Australia acting as the respondent.

The primary legal issues before the Commission were whether the agreement met the requirements for authorisation and whether it contained mandatory terms as defined by the Fair Work Act. The company argued that the agreement was fair and reasonable, while the union contended that certain provisions were not in the employees' best interests and did not comply with the Act. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith.

The Commission found that the agreement contained terms that were fair and reasonable and had been made in good faith. It noted that the agreement provided for appropriate safeguards and mechanisms for the resolution of disputes and the protection of employees' interests. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and approved it accordingly. The union's objections were largely centred on the company's proposed changes to working conditions and the impact on employee entitlements. However, the Commission determined that these changes were not unreasonable and that the overall agreement was fair.

The Fair Work Commission approved the Insight Electrical Co. Pty Ltd Enterprise Agreement 2024-2028, finding it to be fair and reasonable and made in good faith. The union's objections were largely dismissed, and the agreement was authorised under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established