Novocastrian Electrical Contractors Pty Ltd Summary

[2025] FWCA 767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Novocastrian Electrical Contractors Pty Ltd

(AG2025/410)

NOVOCASTRIAN ELECTRICAL CONTRACTORS PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 FEBRUARY 2025

Application for approval of the Novocastrian Electrical Contractors Pty Ltd Single Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Novocastrian Electrical Contractors Pty Ltd Single Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 26 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Novocastrian Electrical Contractors Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Novocastrian Electrical Contractors Pty Ltd Single Enterprise Agreement 2024. The application was brought by the employer, seeking the Commission's endorsement of the terms and conditions of employment set out in the agreement. The agreement in question was negotiated between the employer and the Electrical Trades Union of Australia, representing the employees.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including being a "better off overall test" (BOOT) compliant agreement. This involved assessing whether the agreement provided employees with a safety net of minimum wages and conditions, did not disadvantage employees who are not members of the union, and provided for a fair and efficient workplace. The Commission also had to determine if the agreement was fairly negotiated and included provisions that were consistent with relevant national employment standards.

The Commission found that the agreement met the statutory requirements and provided for a fair and efficient workplace. The agreement included provisions for minimum wages and conditions that were consistent with the national safety net, and did not disadvantage non-union members. The Commission also considered the process of negotiation and concluded that the agreement was fairly negotiated. Consequently, the Commission approved the agreement, recognising its compliance with the Fair Work Act and its potential to facilitate a fair and efficient workplace.

The Fair Work Commission approved the Novocastrian Electrical Contractors Pty Ltd Single Enterprise Agreement 2024, determining it met all statutory requirements and provided for a fair and efficient workplace. The agreement was found to comply with the "better off overall test" and included provisions consistent with the national employment standards. The Commission's approval was based on the fairness of the negotiation process and the agreement's adherence to the provisions of the Fair Work Act.

Novocastrian Electrical Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established