| [2024] FWCA 3365 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
J & A Machines Pty Ltd T/A United Technology Services
(AG2024/3229)
UNITED TECHNOLOGY SERVICES ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 25 SEPTEMBER 2024 |
Application for approval of the United Technology Services Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the United Technology Services Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by J & A Machines Pty Ltd. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss. 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CEPU.
The Agreement is approved and will operate from 31 October 2024 in accordance with clause 5.1 of the Agreement and s.54 of the FW Act. The nominal expiry date of the Agreement is 25 September 2028.
COMMISSIONER
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- AGLC
- J & A Machines Pty Ltd T/A United Technology Services [2024] FWCA 3365
- Case
- [2024] FWCA 3365
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on the compliance of the agreement with the statutory framework. This included an assessment of whether the agreement satisfied the good faith requirement, whether the negotiation process was genuine, and if the agreement contained the necessary minimum terms and conditions. The Commission also examined whether the agreement provided for fair and reasonable terms, particularly in relation to pay rates, hours of work, and other employment conditions.
In reaching its decision, the Commission evaluated the evidence provided by both parties. It considered the negotiation process, the content of the agreement, and the submissions made by the employer and the union. The Commission found that the agreement was made in good faith and through genuine negotiation processes. It concluded that the agreement provided for fair and reasonable terms and conditions, meeting the minimum requirements of the Fair Work Act. Consequently, the Commission approved the United Technology Services Enterprise Agreement 2024.
The final orders of the Commission were that the United Technology Services Enterprise Agreement 2024 be approved as a registered agreement. The approval took effect from the date specified in the agreement and will apply to the employees covered by the agreement. This decision ensures that the agreement will govern the employment terms and conditions of the relevant workforce, subject to the statutory provisions and any further orders of the Fair Work Commission.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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