QuadSol Pty Ltd

[2024] FWCA 2680

[2024] FWCA 2680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

QuadSol Pty Ltd

(AG2024/2435)

QUADSOL ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 31 JULY 2024

Application for approval of the QuadSol Enterprise Agreement 2024-2028.

1. QuadSol Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the QuadSol Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. 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 4 June 2024 and the Agreement was made on 30 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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.

1. The notice of employee representational rights (the NERR) provided to employees listed the coverage of the Agreement as ‘employees that are employed by QuadSol Pty Ltd within the following classifications: Labourer, Solar Installer / Trades Assistance, Solar Installer / Team Lead, Electrician, SAA Accredited Electrician and Electrical Supervisor.’ However, the Agreement at clause 2.1 covers an additional classification, that being ‘Solar Installer + Equipment Operator’ (the relevant employees). Therefore, the NERR does not contain the content prescribed by the Fair Work Regulations 2009 in accordance with s.174(1A)(a) of the FW Act.

1. The Employer submits that the relevant employees would have known they were to be covered by the Agreement and therefore of the right to be represented, pointing to the following: 

·   Prior to the issuing of the NERR, the relevant employees were told either in person or by phone that they would receive the NERR and the effect of the NERR;

·   The relevant employees did receive the NERR after being told they would receive it;

·   On the Employer’s sites, Solar Installer / Trades Assistance employees, Solar Installer / Team Lead employees and the relevant employees are all known collectively as ‘Solar Installers’ and there is no commonly used distinction between the categories of Solar Installers. Therefore, the relevant employees when reading the NERR would have understood they fell within the NERR’s description of the coverage of the Agreement;

·   The coverage of the Agreement was comprehensive and included everyone on site, which was communicated to all employees, including the relevant employees; and

·   The relevant employees were actively involved in the bargaining process and actively asked questions of the Employer about the Agreement.

1. I have considered the above submissions and I am satisfied that, having regard to those submissions, pursuant to s.188(5), the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A)(a). 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 FW Act.

1. The Agreement was approved on 31 July 2024 and, in accordance with s.54, will operate from 7 August 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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