Overhead Distribution Services Pty Ltd

[2024] FWCA 4629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Overhead Distribution Services Pty Ltd

(AG2024/4781)

OVERHEAD DISTRIBUTION SERVICES PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 20 DECEMBER 2024

Application for the approval of the Overhead Distribution Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Overhead Distribution Services Pty Ltd Electrical Supply Industry Queensland 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 Overhead Distribution Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

I note the undertakings were provided in relation to the following:
· For the purposes of Clause 7.4, an “Employee Representative” includes a Workplace Delegate as defined in s. 350C (1) of the Act and
· Clause 6.7.13 should be read in conjunction with section 107(2)(a) of the Act which provides an employee must notify the employer as soon as reasonably practicable (which may be after the leave has started)

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

< AE527380 PR782729>

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Commission involved an application by Overhead Distribution Services Pty Ltd for the approval of their Electrical Supply Industry Queensland Enterprise Agreement 2024-2028. The dispute arose from negotiations between the employer and the employees, represented by the Electrical Trades Union of Australia, regarding the terms and conditions of employment. The Commission was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, complied with the procedural requirements for negotiation and approval, and did not contain any terms that would be contrary to public policy or detrimental to the employees' interests. The Commission had to carefully review the negotiation process and the content of the agreement to ensure it was made in good faith and without any coercion or undue influence.

After considering the evidence and submissions from both parties, the Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith. The Commission was satisfied that the procedural requirements were met, and the agreement did not contain any terms that would be contrary to public policy or detrimental to the employees' interests. As a result, the Commission approved the Overhead Distribution Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028. This decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established