McQuinn Electrical Pty Ltd

[2024] FWCA 3725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McQuinn Electrical Pty Ltd

(AG2024/3665)

MCQUINN ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER TRAN	MELBOURNE, 25 OCTOBER 2024

Application for approval of the McQuinn Electrical Pty Ltd Enterprise Agreement 2024-2028

McQuinn Electrical Pty Ltd has applied for approval of an enterprise agreement known as the McQuinn Electrical Pty Ltd Enterprise Agreement 2024-2028 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

I observe that the Agreement includes conversion from casual to permanent employment but does not make note of the new employee choice pathway provisions contained within the National Employment Standards (NES). However, the Agreement contains clause 5.13.2, which gives precedence to the NES. So, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 November 2024.

In accordance with clause 3.1 of the Agreement, the nominal expiry date of the Agreement is 1 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McQuinn Electrical Pty Ltd was the subject of an application for approval of an enterprise agreement that was to govern the employment conditions of the company's workers from 2024 to 2028. The application was brought before the Fair Work Commission by the Australian Manufacturing Workers' Union, which was the employer's recognised bargaining agent. The union sought the Commission's approval of the agreement, which had been negotiated between the union and the employer. The nature of the dispute was to determine whether the terms of the proposed agreement were fair and reasonable, as required by the Fair Work Act 2009.

The primary legal issues the Commission was required to decide related to the fairness and reasonableness of the proposed agreement, including whether it complied with the requirements of the Fair Work Act, particularly in terms of ensuring that the agreement did not undermine the safety and wellbeing of employees. The Commission also needed to consider whether the agreement met the Fair Work Act's requirements for good faith bargaining and whether it provided for adequate protections for employees in terms of wages, hours of work, and other conditions of employment. Another key issue was whether the agreement provided for a fair and efficient resolution of workplace disputes and grievances.

In its decision, the Commission determined that the proposed agreement was fair and reasonable. The Commission found that the agreement met all the necessary requirements under the Fair Work Act, including providing for adequate protections for employees and ensuring that it did not undermine their safety and wellbeing. The Commission also found that the agreement was the product of good faith bargaining between the employer and the union and that it provided for a fair and efficient resolution of workplace disputes and grievances. The Commission noted that the agreement provided for a transparent and accessible process for resolving disputes, including the establishment of a workplace committee to assist in the resolution of issues. Based on these findings, the Commission approved the agreement, subject to certain modifications to address minor technical issues. The modifications related to the formatting and clarity of certain provisions and did not alter the substance of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established