Installation Theatrical Engineering Pty Ltd

[2024] FWCA 1543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Installation Theatrical Engineering Pty Ltd

(AG2024/1266)

INSTALLATION THEATRICAL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 26 APRIL 2024

Application for approval of the Installation Theatrical Engineering Pty Ltd Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the Installation Theatrical Engineering 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 Installation Theatrical Engineering 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 7.1.6 – Annual Leave; and

· Clause 7.2.7 – Personal/Carer’s Leave

However, noting clause 5.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2024. The nominal expiry date of the Agreement is 26 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Full Bench of the Fair Work Commission recently considered an application for the approval of the Installation Theatrical Engineering Pty Ltd Enterprise Agreement 2024-2028. This agreement pertains to the working conditions and remuneration of employees within the theatrical installation sector. The applicant, Installation Theatrical Engineering Pty Ltd, sought the Commission's approval under the Fair Work Act 2009 to ensure the agreement's compliance with the legislative framework governing enterprise agreements. The primary legal issues that the Commission was required to address included whether the agreement met the procedural requirements for approval, whether it adhered to the provisions of the Act, and whether it was in the best interests of the employees involved.

In deliberating on the application, the Commission examined the process by which the agreement was developed, ensuring that it involved genuine bargaining between the employer and the employees' representatives. The Commission also considered the substantive terms of the agreement, including wages, hours of work, and other conditions of employment, to ascertain whether they were fair and reasonable. Furthermore, the Commission assessed whether the agreement complied with the "better off overall test," which requires that employees be no worse off financially and at least as well off in other respects compared to their previous conditions of employment.

The Commission found that the agreement had been negotiated in good faith and that it met all the procedural and substantive requirements set out in the Fair Work Act 2009. The agreement provided for fair and reasonable terms and conditions, and it satisfied the better off overall test. Consequently, the Commission approved the Installation Theatrical Engineering Pty Ltd Enterprise Agreement 2024-2028, recognising it as a valid and enforceable enterprise agreement. The decision underscores the importance of adhering to the statutory framework when negotiating and approving enterprise agreements to ensure fairness and compliance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established