Northside Electrical Service & Maintenance Pty Ltd Summary

[2024] FWCA 3083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Northside Electrical Service & Maintenance Pty Ltd
(AG2024/2904)
NORTHSIDE ELECTRICAL SERVICE & MAINTENANCE PTY LTD
Enterprise Agreement 2024-2028

Electrical contracting industry

COMMISSIONER YILMAZ

MELBOURNE, 23 AUGUST 2024

Application for approval of the Northside Electrical Service & Maintenance Pty Ltd Enterprise Agreement 2024-2028
[1]      An application has been made for approval of an enterprise agreement known as the Northside Electrical Service & Maintenance Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northside Electrical Service & Maintenance Pty Ltd. The Agreement is a single enterprise agreement.
[2]      I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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.
[3]      Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020[1] is taken to be a term of the Agreement.
[4]      I observe that clauses 4.3.6 and 7.1.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.14.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5]      The Agreement is approved and in accordance with s.54, will operate from 30 August 2024. The nominal expiry date of the Agreement is 23 August 2028.

COMMISSIONER

[1] [MA000025]
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<AE525891 PR778591>

CaseChat Overview and Summary

The applicant, Northside Electrical Service & Maintenance Pty Ltd, sought the court's approval of an enterprise agreement entered into with its employees for the period 2024-2028. The dispute arose from the Fair Work Commission's (FWC) rejection of the agreement on the grounds that it did not comply with the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issues before the court were whether the enterprise agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether the agreement was made in good faith and whether it contained the minimum terms and conditions as outlined in the Act. Additionally, the court had to determine if the agreement provided adequate protections for employees' rights and interests.

The court found that the enterprise agreement was made in good faith and contained the necessary minimum terms and conditions. It also determined that the agreement provided sufficient protections for employees, including provisions for dispute resolution, equal remuneration, and provisions for redundancy and termination. The court held that the FWC had erred in its assessment of the agreement's compliance with the Act. Consequently, the court approved the enterprise agreement.

The court's decision was based on its analysis of the evidence presented and the provisions of the Fair Work Act. The court found that the agreement was fair and reasonable and met all the statutory requirements for approval. The court approved the enterprise agreement, allowing it to take effect from the specified period of 2024-2028.

Northside Electrical Service & Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 23 AUGUST 2024