Newco Energy Group Pty Ltd T/A Newco Energy Group Summary

[2023] FWCA 1097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Newco Energy Group Pty Ltd T/A Newco Energy Group

(AG2023/776)

NEWCO ENERGY GROUP PTY LTD ELECTRICAL CONTRACTING ENTERPRISE AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 APRIL 2023

Application for approval of the Newco Energy Group Pty Ltd Electrical Contracting Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Newco Energy Group Pty Ltd Electrical Contracting Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Newco Energy Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 14 April 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Newco Energy Group Pty Ltd, trading as Newco Energy Group, which sought approval of its proposed Electrical Contracting Enterprise Agreement 2022. The dispute centred on whether the terms and conditions proposed in the agreement were fair and reasonable, particularly in terms of wages, working hours, and other employment conditions. The Commission was tasked with assessing whether the agreement met the criteria set out in the Fair Work Act 2009, including whether it provided for a safety net of minimum entitlements and whether it was free from coercion and undue influence.

The legal issues before the Commission included whether the proposed agreement provided for appropriate minimum wages and conditions, whether it allowed for fair and reasonable working hours, and whether it adequately protected the rights of employees. The Commission also had to consider whether the agreement was negotiated in good faith and whether it was free from any elements of coercion or undue influence. Additionally, the Commission needed to determine if the agreement complied with the requirements for bargaining to be recognised as "appropriate" for the purposes of the Fair Work Act.

In its decision, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission acknowledged that the agreement provided for a safety net of minimum entitlements and was free from coercion and undue influence. It was noted that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable for the employees. The Commission concluded that the agreement was appropriate and met the legal standards required for approval. As a result, the Commission approved the Newco Energy Group Pty Ltd Electrical Contracting Enterprise Agreement 2022, allowing it to come into effect.

The final orders of the Commission were that the Electrical Contracting Enterprise Agreement 2022, as lodged, be approved as a registered agreement under section 233 of the Fair Work Act 2009. The agreement was to be registered and published on the Commission’s website. The approval allowed the agreement to apply to all employees engaged under it, subject to the terms and conditions outlined within the document. This decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the new agreement.

Newco Energy Group Pty Ltd T/A Newco Energy Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established