Next Electrical Technologies Pty Limited T/A Next Electrical Technologies Summary

[2023] FWCA 2380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Next Electrical Technologies Pty Limited T/A Next Electrical Technologies

(AG2023/2437)

NEXT ELECTRICAL TECHNOLOGIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 31 JULY 2023

Application for approval of the Next Electrical Technologies Pty Ltd Single Enterprise Agreement 2023.

Next Electrical Technologies Pty Limited T/A Next Electrical Technologies (the Employer) has made an application for the approval of the Next Electrical Technologies Pty Ltd Single Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The Agreement lodged contained a typographical error at clause 6.4(e) that has been corrected.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Next Electrical Technologies Pty Limited, trading as Next Electrical Technologies, the Fair Work Commission was presented with an application for the approval of the Next Electrical Technologies Pty Ltd Single Enterprise Agreement 2023. The applicant, Next Electrical Technologies, sought the Commission’s endorsement of this agreement, which was intended to govern the employment terms and conditions for its workforce. The legal issues that came before the Commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for a single enterprise agreement, including its coverage of a single enterprise, the fairness of its terms, and whether it had been negotiated in good faith.

The Commission began by examining the structure and content of the proposed agreement, ensuring it was appropriately tailored to the specific needs of Next Electrical Technologies and its employees. The Commission assessed whether the agreement was genuinely negotiated and not imposed unilaterally. The negotiation process was scrutinized for compliance with the requirements set out in the Act, including the extent to which both parties had genuinely attempted to reach an agreement. Furthermore, the Commission evaluated the fairness of the terms and conditions outlined in the agreement, considering factors such as wage rates, working hours, and other employment-related provisions. The Commission also considered whether the agreement provided adequate protections for employees and did not unfairly disadvantage any party.

After thorough examination, the Commission determined that the proposed agreement met the statutory requirements for approval. It was found that the agreement had been genuinely negotiated in good faith, and its terms were fair and reasonable. The Commission was satisfied that the agreement was tailored to the needs of Next Electrical Technologies and its employees, providing a balanced and equitable framework for employment. Consequently, the Commission approved the Next Electrical Technologies Pty Ltd Single Enterprise Agreement 2023, confirming its compliance with the legislative standards. The approval was made effective from the date specified in the agreement, ensuring that it would govern the employment conditions for the relevant period.

Next Electrical Technologies Pty Limited T/A Next Electrical Technologies

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established