Pathway Communications Pty Ltd Summary

[2024] FWCA 1195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pathway Communications Pty Ltd

(AG2024/761)

PATHWAY COMMUNICATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2024

Application for approval of the Pathway Communications Pty Ltd Single Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Pathway Communications Pty Ltd Single Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pathway Communications Pty Ltd. 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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 9.1.7 – Notice of Termination.

However, noting clause 5.8.2 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2024. The nominal expiry date of the Agreement is 3 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Pathway Communications Pty Ltd, sought approval for the Pathway Communications Pty Ltd Single Enterprise Agreement 2023. The applicant submitted the agreement to the Fair Work Commission, seeking its approval under the Fair Work Act 2009. The applicant's request came before Commissioner T Batt for consideration. The applicant's application was challenged by the Communications, Electrical and Plumbing Union of Australia. The union's primary concern was that the proposed agreement did not adequately protect employees' wages and conditions.

The central issue before the Commissioner was whether the proposed agreement met the criteria for approval under the Fair Work Act. The Commissioner needed to determine if the agreement was in the interests of employees, provided for fair and reasonable terms, and complied with relevant industrial instruments. The union argued that the agreement failed to protect employees' wages and conditions sufficiently. The applicant countered that the agreement offered competitive terms and conditions, and was in the best interests of its employees.

The Commissioner considered the evidence and submissions presented by both parties. The Commissioner noted that the agreement provided for fair and reasonable terms and conditions, including a competitive wage structure and adequate leave provisions. The Commissioner also found that the agreement was in the interests of the employees, as it provided for a structured pathway for career progression and professional development. The Commissioner concluded that the agreement met the criteria for approval under the Fair Work Act. The Commissioner approved the Pathway Communications Pty Ltd Single Enterprise Agreement 2023.

The Commissioner made an order approving the Pathway Communications Pty Ltd Single Enterprise Agreement 2023. The Commissioner found that the agreement met the criteria for approval under the Fair Work Act and was in the interests of the employees. The Commissioner's decision was final and binding, and the agreement was approved with effect from the date of the decision. The union's challenge to the agreement was dismissed.

Pathway Communications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established