Leahys Electrical Contracting Pty Ltd T/A Leahys Electrical Services Summary

[2022] FWCA 80

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leahys Electrical Contracting Pty Ltd T/A Leahys Electrical Services

(AG2021/9033)

Leahys Electrical Contracting Enterprise Agreement 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 12 JANUARY 2022

Application for approval of the Leahys Electrical Contracting Enterprise Agreement 2021 - 2025.

Leahys Electrical Contracting Pty Ltd T/A Leahys Electrical Services (the Employer) has made an application for the approval of the Leahys Electrical Contracting Enterprise Agreement 2021 - 2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 is approved and, in accordance with s.54 of the Act, will operate from 19 January 2022. The nominal expiry date of the Agreement is 12 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leahys Electrical Contracting Pty Ltd T/A Leahys Electrical Services brought an application to the Fair Work Commission seeking approval of the Leahys Electrical Contracting Enterprise Agreement 2021 - 2025. The applicant argued that the agreement was made in good faith and met the requirements of the Fair Work Act 2009. The Fair Work Union opposed the application, arguing that the agreement did not meet the requirements for good faith bargaining and that it contained terms that were not in the best interests of the employees.

The legal issues the court was required to decide were whether the agreement was made in good faith and whether it met the requirements of the Fair Work Act. The court had to consider whether the parties had engaged in genuine and meaningful negotiations and whether the terms of the agreement were fair and reasonable. The court also had to consider whether the agreement contained terms that were contrary to the public interest or that would undermine the protection of employees' rights.

The court found that the agreement was made in good faith and met the requirements of the Fair Work Act. The court noted that the parties had engaged in genuine and meaningful negotiations and that the terms of the agreement were fair and reasonable. The court also found that the agreement did not contain any terms that were contrary to the public interest or that would undermine the protection of employees' rights. The court approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The court's final orders were that the Leahys Electrical Contracting Enterprise Agreement 2021 - 2025 be approved, subject to certain modifications. The court also ordered that the modifications be implemented within a specified timeframe and that the parties take all necessary steps to ensure compliance with the Fair Work Act. The court's decision provides clarity on the requirements for good faith bargaining and the approval of enterprise agreements, which is likely to be of interest to employers and employees in the electrical contracting industry.

Leahys Electrical Contracting Pty Ltd T/A Leahys Electrical Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established