Rawsons Electrical Pty Ltd

[2022] FWCA 2537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rawsons Electrical Pty Ltd

(AG2022/2290)

Rawsons Electrical Pty Ltd Single EnterpriseAgreement 2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 27 JULY 2022

Application for approval of the Rawsons Electrical Pty Ltd Single Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Rawsons Electrical Pty Ltd Single Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rawsons Electrical Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 3 July 2022. The nominal expiry date of the Agreement is 27 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rawsons Electrical Pty Ltd, an electrical contractor, applied to the Fair Work Commission for approval of its Single Enterprise Agreement 2022. The application was made pursuant to section 230 of the Fair Work Act 2009. The Australian Electrical Trade Union (AETU) opposed the application on several grounds, including that it did not provide adequate protection for employees in relation to the payment of overtime and shift penalties. The AETU argued that the proposed agreement did not comply with the 'better off overall test' required by the Act.

The key legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, particularly in relation to the 'better off overall test'. The Commission had to determine if the proposed terms and conditions provided for employees were at least as good as, or better than, the existing terms and conditions they enjoyed. The Commission also needed to consider if the agreement was consistent with the principles of the Fair Work Act, including the promotion of cooperative workplace relations.

In considering the application, the Commission examined the terms of the proposed agreement and the evidence provided by both parties. It found that the proposed agreement provided employees with a minimum of 10% increase in wages over a three-year period, which was considered to be a significant improvement. The Commission also noted that the proposed agreement included provisions for the payment of overtime and shift penalties, which addressed the AETU's concerns. After weighing all the evidence and considering the principles of the Act, the Commission concluded that the proposed agreement was fair and reasonable, and it met the requirements of the 'better off overall test'. Therefore, the Commission approved the application for the agreement.

The Commission approved the application for the Single Enterprise Agreement 2022, subject to certain conditions. These included the requirement that Rawsons Electrical Pty Ltd provide written notice to employees of the approved agreement within 14 days of the decision, and that the agreement be implemented within 30 days of the notice. The AETU was also directed to inform its members of the approved agreement and to take steps to ensure compliance with its terms. The decision was made in the interest of promoting cooperative workplace relations and ensuring that employees received fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established