Leahy’s Electrical Contracting Pty Ltd

[2023] FWCA 607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leahy’s Electrical Contracting Pty Ltd

(AG2023/349)

Leahy’s Electrical Contracting Pty Ltd Site Specific (Saputo Dairy Australia 5331 Great Ocean Road Allansford VIC 3277) & ETU Enterprise Agreement 2022 – 2026

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 FEBRUARY 2023

Application for approval of the Leahy’s Electrical Contracting Pty Ltd Site Specific (Saputo Dairy Australia 5331 Great Ocean Road Allansford VIC 3227) & ETU Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Leahy’s Electrical Contracting Pty Ltd Site Specific (Saputo Dairy Australia 5331 Great Ocean Road Allansford VIC 3227) & ETU Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leahy’s Electrical Contracting 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was a bargaining representative for the Agreement but does not wish to be covered by the Agreement. I note that the Agreement does not cover the organisation.
The Agreement was approved on 28 February 2023 and, in accordance with s.54, will operate from 7 March 2023. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leahy’s Electrical Contracting Pty Ltd applied for approval of the Site Specific (Saputo Dairy Australia 5331 Great Ocean Road Allansford VIC 3227) & ETU Enterprise Agreement 2022-2026. The application was made under section 235 of the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The Electrical Trades Union (ETU) sought approval for the agreement, while no other parties were involved in the proceedings.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under section 234 of the Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account any relevant public interest factors. The Commission also had to consider whether the agreement satisfied the requirements for good faith bargaining and if it was in the best interests of the employees.

The Commission found that the proposed agreement met the criteria for approval. The agreement contained terms that were fair and reasonable, and it provided for proper processes for dispute resolution. The Commission noted that the agreement had been negotiated in good faith and that it was in the best interests of the employees. The Commission also considered relevant public interest factors and found that the agreement did not have any adverse effects on the broader community or economy. Based on these findings, the Commission approved the agreement, and it is now in effect.

The Fair Work Commission approved the Site Specific (Saputo Dairy Australia 5331 Great Ocean Road Allansford VIC 3227) & ETU Enterprise Agreement 2022-2026, which is now in effect. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009 and was in the best interests of the employees. The agreement provides for fair and reasonable terms and conditions of employment and proper dispute resolution processes. The Commission also found that the agreement had been negotiated in good faith and did not have any adverse effects on the broader community or economy.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established