PHE Pty Ltd Summary | CaseChat AU

[2024] FWCA 3151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PHE Pty Ltd

(AG2024/2307)

P.H.E. PTY LTD ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 2 SEPTEMBER 2024

Application for approval of the P.H.E. Pty Ltd Enterprise Agreement 2024

PHE Pty Ltd (PHE) has applied for approval of a single enterprise agreement known as the P.H.E. Pty Ltd Enterprise Agreement 2024 (the Agreement).

An administrative error occurred in the voting process for the approval of the Agreement. Two mechanical apprentices were left off the mailing list provided to the company responsible for conducting a vote to approve the Agreement. PHE has provided an explanation for the error and points to the outcome of the vote, which it says could not have been affected by two more votes. Employees were given an opportunity to provide any views in relation to the error but did not respond. The Statement of Principles[1] provides that employees should be given a reasonable opportunity to vote on a proposed enterprise agreement, including by a method and period of voting that provides all employees entitled to vote with a fair and reasonable opportunity to cast a vote. The omission of two employees from the list of eligible voters did not meet this expectation. However, in the circumstances I am satisfied the error was minor, procedural and unlikely to have disadvantaged any employee. I agree with PHE that the voting outcome would not have been affected if the error had not occurred.

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 9 September 2024. The nominal expiry date of the Agreement is 2 September 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by PHE Pty Ltd, seeking approval of the proposed 2024 Enterprise Agreement. The dispute concerned terms and conditions of employment for the company's employees. The Commission was tasked with assessing whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the mandatory minimum entitlements, if the agreement was free from prohibited content, and if the agreement had been made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable, meeting all the legislative requirements, while no objections were raised by the employees' representatives.

The Commission found that the agreement contained all mandatory minimum entitlements and was free from any prohibited content. It was also satisfied that the agreement was made in good faith and that there was no evidence of coercion. The Commission noted the parties' willingness to engage in the bargaining process and the comprehensive nature of the agreement, which addressed various aspects of employment conditions. As a result, the Commission approved the agreement.

The Fair Work Commission approved the 2024 Enterprise Agreement between PHE Pty Ltd and its employees. The approval was based on the findings that the agreement met all legal requirements, including the provision of mandatory minimum entitlements, the absence of prohibited content, and the fact that it was made in good faith without coercion.

PHE Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established