PM Electric Pty Ltd

[2023] FWCA 2649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PM Electric Pty Ltd

(AG2023/2758)

PM ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 21 AUGUST 2023

Application for approval of the PM Electric Pty Ltd Single Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the PM Electric 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 PM Electric 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2023. The nominal expiry date of the Agreement is 21 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, PM Electric Pty Ltd, applied to the Fair Work Commission for approval of the PM Electric Pty Ltd Single Enterprise Agreement 2023. The applicant and the respondent, the Electrical Trades Union of Australia, had reached an agreement following negotiations. The union sought to have the agreement approved, while the employer argued that the agreement should not be approved due to certain concerns. The dispute was heard by the Fair Work Commission.

The legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly sections 228 and 230. Section 228 requires that an agreement must be in writing and signed by the parties. Section 230 requires that an agreement must meet certain criteria, including that it must be in the public interest and must not discriminate against any person. The court was required to determine whether the agreement met these requirements.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the agreement complied with the relevant provisions of the Fair Work Act 2009. The commission found that the agreement was in writing and had been signed by the parties. The commission also found that the agreement met the other criteria set out in section 230 of the Act, including that it was in the public interest and did not discriminate against any person. The commission approved the agreement, finding that it met all the requirements for approval.

The Fair Work Commission approved the PM Electric Pty Ltd Single Enterprise Agreement 2023. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The agreement sets out the terms and conditions of employment for the employees, including their pay rates, hours of work, leave entitlements, and other matters. The approval of the agreement will provide certainty and stability for both the employer and the employees, and will help to ensure that the workplace operates in a fair and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established