John Courtney Trading As J A Courtney Electrical Pty Limited Summary

[2025] FWCA 954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Courtney Trading As J A Courtney Electrical Pty Limited

(AG2025/487)

J A COURTNEY ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2025-2028

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 19 MARCH 2025

Application for approval of the J A Courtney Electrical Pty Limited Single Enterprise Agreement 2025-2028

J A Courtney Electrical Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the J A Courtney Electrical Pty Ltd Single Enterprise Agreement 2025-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 26 March 2025. The nominal expiry date of the Agreement is 19 March 2029.

Section 218A variation to correct or amend errors, defects or irregularities

Clauses 1 and 2 of the Agreement state the name/title of the Agreement as the J A Courtney Electrical Pty Ltd Single Enterprise Agreement 2024.

After seeking the views of the parties, I am satisfied that this is an obvious error or defect as contemplated by s.218A and that I should exercise my discretion to amend the Agreement.

Accordingly, clauses 1 and 2 of the Agreement are varied to remove “J A Courtney Electrical Pty Ltd Single Enterprise Agreement 2024” wherever that appears and inserting in its place “J A Courtney Electrical Pty Ltd Single Enterprise Agreement 2025-2028.”

This variation will operate from 19 March 2025.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the J A Courtney Electrical Pty Limited Single Enterprise Agreement 2025-2028. The applicant was John Courtney, trading as J A Courtney Electrical Pty Limited, and the respondent was the Electrical Trades Union of Australia. The application was heard in the Fair Work Commission, which is the body responsible for overseeing industrial relations and employment agreements in Australia.

The central legal issue before the court was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This required the court to consider several factors, including whether the agreement provided for the proper classification and remuneration of employees, whether it met the "better off overall test" and whether it contained appropriate dispute resolution mechanisms. Additionally, the court needed to ensure that the agreement did not unfairly discriminate against any employees or classes of employees.

In reaching its decision, the court examined the proposed agreement in detail, considering the submissions from both the applicant and the respondent. The court found that the agreement provided for fair classification and remuneration of employees, and that it met the better off overall test. The court also determined that the dispute resolution mechanisms were appropriate and that the agreement did not unfairly discriminate against any employees. Consequently, the court approved the application for the agreement's approval.

The court's final order was that the J A Courtney Electrical Pty Limited Single Enterprise Agreement 2025-2028 be approved, with the terms and conditions as set out in the agreement. This approval ensures that the agreement will govern the employment terms and conditions for the specified period, providing a framework for industrial relations between the employer and the employees.

John Courtney Trading As J A Courtney Electrical Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established