Lazzaroni Electrical Pty Ltd Summary

[2025] FWCA 994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lazzaroni Electrical Pty Ltd

(AG2025/716)

LAZZARONI ELECTRICAL PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Electrical power industry
COMMISSIONER SIMPSON	BRISBANE, 21 MARCH 2025

Application for approval of the Lazzaroni Electrical Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Lazzaroni Electrical Pty Ltd Electrical Supply Industry Queensland 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 Lazzaroni Electrical Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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 Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application to approve the Lazzaroni Electrical Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028. Lazzaroni Electrical Pty Ltd, represented by their legal team, sought the approval of the agreement, which had been negotiated with the Electrical Trade Union. The dispute centred on the terms and conditions outlined in the proposed agreement, including wages, working hours, and other employment-related matters.

The primary legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. This involved assessing the agreement against the "better off overall test" and ensuring that it did not undermine the minimum standards provided by the relevant awards and the National Employment Standards. The commission also needed to consider if the agreement provided for genuine bargaining between the parties and if it addressed the needs of the employees fairly.

In reaching its decision, the commission carefully reviewed the submissions and evidence provided by both parties. It examined the provisions of the proposed agreement to determine if they complied with the statutory requirements and if they offered a fair and reasonable outcome for the employees. The commission also considered the broader context of the industry, the economic environment, and the impact of the agreement on the employees' working conditions. Based on its analysis, the commission found that the agreement met the necessary legal standards and was in the best interests of the employees. Consequently, the commission approved the Lazzaroni Electrical Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028.

The final orders included the approval of the enterprise agreement, effective from the date of the decision. The commission mandated that the agreement be provided to all relevant employees and that it be registered with the Fair Work Commission. The agreement would now serve as the primary source of employment conditions for the employees covered by it, replacing any previous agreements or awards.

Lazzaroni Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established