Phaselogics Pty Ltd

[2022] FWCA 3289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Phaselogics Pty Ltd

(AG2022/3821)

Phaselogics Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2022

Application for approval of the Phaselogics Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Phaselogics Pty Ltd has made an application for approval of the Phaselogics Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Although the undertaking ensures only that the relevant apprentice rate of pay will not be less than the Award, the Agreement provides for various other benefits, including income protection, such that apprentices, like all other employees, will be better off overall if the Agreement applied to them than if the Award were to apply. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 21 September 2022 and, in accordance with s 54, will operate from 28 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Phaselogics Pty Ltd recently sought approval of an enterprise agreement with the Electrical Trades Union (ETU) for the period 2021-2025. The application was made to the Fair Work Commission, which oversees the approval of such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements and provided for fair terms and conditions for the employees.

The court was required to consider whether the agreement met the criteria for approval, including whether it was negotiated in good faith and provided for minimum entitlements. Additionally, the court needed to determine whether the agreement was procedurally sound, including whether the parties had followed the necessary processes for negotiation and consultation. A key issue was whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission determined that the agreement was negotiated in good faith and provided for all minimum entitlements. The Commission also found that the agreement was procedurally sound, with the parties having followed the necessary processes for negotiation and consultation. The Commission rejected the argument that any provisions of the agreement were contrary to public policy or unenforceable. The Commission approved the agreement, which will now govern the terms and conditions of employment for the employees covered by the agreement for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established