DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Edge Group (Australia) Pty Ltd
(AG2021/5782)

NEW EDGE GROUP (AUSTRALIA) PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JULY 2021

Application for approval of the New Edge Group (Australia) Pty Ltd & ETU Sydney Construction Enterprise Agreement 2021.

[1] New Edge Group (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the New Edge Group (Australia) Pty Ltd & ETU Sydney Construction Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 July 2021 and, in accordance with s 54, will operate from 9 July 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, New Edge Group (Australia) Pty Ltd applied for the approval of the New Edge Group (Australia) Pty Ltd and ETU Sydney Construction Enterprise Agreement 2021. The dispute involved the terms of the enterprise agreement between the employer and the employees represented by the Electrical Trades Union (Sydney). The application was brought before the Commission to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement contained all the mandatory terms prescribed by the Fair Work Act, including provisions on minimum wages, penalty rates, and other employment conditions. Additionally, the Commission had to assess if the agreement was negotiated in good faith and if it provided for a fair and efficient workplace. The Commission also considered whether the agreement included appropriate dispute resolution mechanisms and met the criteria for being a single, integrated agreement.

The Fair Work Commission determined that the enterprise agreement met all the mandatory requirements and was negotiated in good faith. The Commission found that the agreement contained all the necessary provisions for minimum wages, penalty rates, and other employment conditions as stipulated by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement provided for an efficient workplace and included adequate dispute resolution mechanisms. Consequently, the Commission approved the New Edge Group (Australia) Pty Ltd and ETU Sydney Construction Enterprise Agreement 2021.

The Commission's final order was the approval of the enterprise agreement, which would now serve as the basis for employment conditions between New Edge Group (Australia) Pty Ltd and the employees represented by the Electrical Trades Union (Sydney). This approval ensures that the agreement complies with the legal framework and provides a fair and efficient workplace for the employees involved.

New Edge Group (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established