Large Industries Pty Limited T/A Jle Electrical

[2022] FWCA 639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Large Industries Pty Limited T/A Jle Electrical

(AG2021/9050)

Large Industries Enterprise Agreement 2021

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 23 FEBRUARY 2022

Application for approval of the Large Industries Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Large Industries Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Large Industries Pty Limited. 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at both cl. 5(f) and 21, and these clauses will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 23 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Large Industries Pty Limited trading as Jle Electrical, applied to the Fair Work Commission for the approval of the Large Industries Enterprise Agreement 2021. The respondents included unions representing employees within the company. The dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether they met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the court encompassed whether the agreement provided fair and reasonable terms for employees, whether it adhered to the relevant provisions of the Fair Work Act, and if it was made without the influence of coercion or undue influence. Additionally, the court had to consider if the agreement was genuinely negotiated and if it provided for minimum terms and conditions as required by law.

In delivering its decision, the Fair Work Commission meticulously examined the proposed agreement against the statutory requirements. The court found that the agreement was genuinely negotiated and did not contain any terms that were contrary to public policy or unfair to the employees. The terms of the agreement were deemed to be reasonable and provided for the minimum conditions as stipulated by the Fair Work Act. Consequently, the court approved the Large Industries Enterprise Agreement 2021.

The final orders of the Fair Work Commission were that the Large Industries Enterprise Agreement 2021 be approved as a certified agreement, effective from the date of the decision. This approval ensured that the terms and conditions of employment within the company would be governed by the certified agreement, providing certainty and legal protection to both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established