New Era Electrical Services (NSW) Limited

[2024] FWCA 3258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

New Era Electrical Services (NSW) Limited

(AG2024/2949)

NEW ERA ELECTRICAL SERVICES (NSW) PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 16 SEPTEMBER 2024

Application for approval of the New Era Electrical Services (NSW) Pty Limited Single Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the New Era Electrical Services (NSW) Pty Limited Single Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Era Electrical Services (NSW) Limited. 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 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 23 September 2024. The nominal expiry date of the Agreement is 16 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, New Era Electrical Services (NSW) Limited, sought approval of the New Era Electrical Services (NSW) Pty Limited Single Enterprise Agreement 2024. The respondent, Electrical Trades Union of Australia, argued that the agreement did not meet the requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory provisions and standards set out in the Act. Specifically, the respondent contended that the agreement did not provide adequate protections for employees, including minimum wage rates, leave entitlements, and procedural fairness provisions. The applicant argued that the agreement was fair and balanced, taking into account the economic circumstances and the needs of both parties.

After reviewing the submissions from both parties and considering the relevant legislative framework, the Commission found that the agreement substantially met the requirements of the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay and leave entitlements, as well as provisions for procedural fairness. The Commission also found that the agreement had been negotiated in good faith and that it did not unfairly disadvantage any party.

Accordingly, the Commission approved the New Era Electrical Services (NSW) Pty Limited Single Enterprise Agreement 2024, subject to the specified conditions. The respondent's objections were dismissed, and the agreement was registered as a single enterprise agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established