O’Neill & Brown Electrical Services Pty Ltd and Employees

[2021] FWCA 5065

[2021] FWCA 5065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Neill & Brown Electrical Services Pty Ltd and Employees
(AG2021/6478)

O’NEILL & BROWN ELECTRICAL SERVICES PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2021-2025

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 AUGUST 2021

Application for approval of the O’Neill & Brown Electrical Services Pty Ltd and Employees Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement to be known as the O’Neill & Brown Electrical Services Pty Ltd and Employees Enterprise Agreement 2021-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by O’Neill & Brown Electrical Services Pty Ltd and Employees (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 16 August 2021. 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.

[3] There were issues raised by the Commission with the Employer regarding the Employer only providing six days (instead of seven days) access period and notification of voting to relevant employees. 1 Having regard to the submissions and evidence of the Employer provided on 16 August 2021, I find that each of these issues constitute minor procedural and/or technical errors. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding these issues.2 I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.3

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2021. The nominal expiry date of the Agreement is 17 August 2025.

DEPUTY PRESIDENT

1 Noting the requirements of ss.180(2), (3) and (5) of the Fair Work Act 2009.

 2   See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

 3   Ibid.

Printed by authority of the Commonwealth Government Printer

<AE512768  PR732882>

Annexure A