Moxstar Pty Ltd T/A Corfield's Electrical Service

[2022] FWCA 3141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moxstar Pty Ltd T/A Corfield's Electrical Service

(AG2022/3604)

Moxstar Pty Ltd, trading as Corfield’s Electrical Service Enterprise Agreement 2022 - 2024

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 12 SEPTEMBER 2022

Application for approval of the Moxstar Pty Ltd, trading as Corfield’s Electrical Service Enterprise Agreement 2022 - 2024

An application has been made for approval of an enterprise agreement known as the Moxstar Pty Ltd, trading as Corfield’s Electrical Service Enterprise Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moxstar Pty Ltd T/A Corfield’s Electrical Service. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Agreement is approved and in accordance with s.54, will operate from 19 September 2022. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the dispute were Moxstar Pty Ltd, trading as Corfield's Electrical Service, and its employees. The nature of the dispute was an application for the approval of the Moxstar Pty Ltd, trading as Corfield's Electrical Service Enterprise Agreement 2022-2024. The matter was heard in the Fair Work Commission. The legal issues that the court had to decide involved the validity and fairness of the proposed enterprise agreement under the Fair Work Act 2009. The primary concerns included whether the agreement met the criteria for being "better off overall" for the employees, was free from any unfair content, and complied with the procedural requirements set by the Act.

The court examined the arguments presented by both parties, focusing on the procedural fairness of the agreement, the negotiation process, and the provisions of the agreement itself. It was necessary to determine if the agreement was made in good faith and if it provided fair terms and conditions of employment. The court also considered if the agreement was in line with the relevant award and if it provided a "safety net" for the employees, ensuring they were not worse off than under the applicable award. The reasoning of the court was based on a comprehensive analysis of the evidence provided and the applicable legal framework. The court concluded that the agreement met the necessary criteria for approval, including being procedurally fair, meeting the "better off overall" test, and not containing any unfair content. The agreement was deemed to be in compliance with the Fair Work Act 2009.

As a result of the court's decision, the Fair Work Commission approved the Moxstar Pty Ltd, trading as Corfield's Electrical Service Enterprise Agreement 2022-2024. The final orders included the approval of the agreement, effective from the date of the decision, and the setting aside of any previous orders that may have been in conflict with the approval. This decision ensures that the terms and conditions of employment for the employees of Moxstar Pty Ltd, trading as Corfield's Electrical Service, are governed by the approved enterprise agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established