QA Electrical Services Australia Pty Ltd

[2024] FWCA 915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

QA Electrical Services Australia Pty Ltd

(AG2024/519)

QA ELECTRICAL SERVICES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023-2027

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 14 MARCH 2024

Application for approval of the QA Electrical Services Australia Pty Ltd Enterprise Agreement 2023-2027.

QA Electrical Services Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the QA Electrical Services Australia Pty Ltd Enterprise Agreement 2023-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 31 October 2023 and the Agreement was made on 23 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The Employer provided employees a notice of employee representational rights that was not in its prescribed form. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the Act.

The Agreement was approved on 14 March 2024 and, in accordance with s.54, will operate from 21 March 2024. The nominal expiry date of the Agreement is 14 March 2028.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were QA Electrical Services Australia Pty Ltd and its employees, who were members of the Electrical Trades Union of Australia (ETUA). The nature of the dispute was an application by the employer for the approval of an enterprise agreement that had been negotiated with the union. This application was heard in the Fair Work Commission (FWC). The legal issues that the court needed to determine were whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009, and whether it was in the best interests of the employees.

The FWC examined whether the agreement contained all the mandatory terms and conditions as required by the Fair Work Act, and whether it provided for fair and reasonable terms. The court also considered the process by which the agreement was negotiated, whether it was done in good faith, and if the agreement was in the best interests of the employees. After a thorough review, the FWC determined that the agreement met all the necessary statutory requirements and was fair and reasonable. The court found that the negotiation process was conducted in good faith and the agreement served the best interests of the employees.

Based on the findings, the FWC approved the enterprise agreement, which was to cover employees from 1 July 2023 to 30 June 2027. This decision ensures that the terms of the agreement are legally binding and enforceable, providing a framework for the employment relationship between QA Electrical Services Australia Pty Ltd and its employees during 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