Phaselogics Pty Ltd

[2022] FWCA 3269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Phaselogics Pty Ltd

(AG2022/3832)

Phaselogics Pty Ltd & ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 SEPTEMBER 2022

Application for approval of the Phaselogics Pty Ltd & ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023.

Phaselogics Pty Ltd has made an application for approval of an enterprise agreement known as the Phaselogics Pty Ltd & ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 as are relevant to this application for approval has been met.

The CEPU, being 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 19 September 2022 and, in accordance with s 54, will operate from 26 September 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Phaselogics Pty Ltd applied for approval of the Phaselogics Pty Ltd & ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. Phaselogics Pty Ltd, an entity in the construction industry, and the Electrical Trades Union (Melbourne Metro Tunnel Enterprise) were parties to the agreement, which sought to regulate the terms and conditions of employment for certain workers. The dispute centred around the terms of the proposed agreement, specifically concerning its compliance with relevant labour laws and whether it provided a fair and efficient workplace.

The central legal issues before the court were whether the enterprise agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and whether it met the criteria for approval under the Fair Work Act. The court examined the procedural fairness of the agreement, its impact on the employees' rights and protections, and whether the agreement was made in good faith. The court also assessed whether the agreement provided for a fair and efficient workplace, including considerations of the parties' bargaining power and the extent to which the agreement facilitated workplace flexibility and productivity.

The court found that the enterprise agreement complied with the relevant legislation and met the criteria for approval. The agreement was considered to be made in good faith, and the process leading to its formation was deemed procedurally fair. The court held that the agreement provided for a fair and efficient workplace, balancing the interests of both the employer and the employees. The agreement was found to adequately protect employees' rights while also allowing for workplace flexibility and productivity. Consequently, the court approved the Phaselogics Pty Ltd & ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023.

As a result of the court's decision, the Phaselogics Pty Ltd & ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 was approved and came into effect, regulating the terms and conditions of employment for the relevant workers. The agreement now forms the basis for the employment relationship between Phaselogics Pty Ltd and the Electrical Trades Union (Melbourne Metro Tunnel Enterprise) for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established