Recom Electrical Services (QLD) Pty Limited

[2022] FWCA 2708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Recom Electrical Services (QLD) Pty Limited

(AG2022/3245)

Recom Electrical Services (Service Department) Single Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 15 AUGUST 2022

Application for Approval of The Recom Electrical Services Pty Limited (Service Department) Single Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Recom Electrical Services (Service Department) 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 Recom Electrical Services (QLD) Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 22 August 2022. The nominal expiry date of the Agreement is 14 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Recom Electrical Services (QLD) Pty Limited, the Fair Work Commission was presented with an application for the approval of the Recom Electrical Services Pty Limited (Service Department) Single Enterprise Agreement 2022. The application was brought forth by the employer, Recom Electrical Services, seeking formal approval of the terms and conditions set out in the proposed agreement for the service department employees. The dispute centred on whether the agreement met the statutory requirements for a single enterprise agreement under the Fair Work Act 2009.

The legal issues the Commission needed to decide upon included whether the agreement provided for a fair and efficient means of determining pay and conditions, whether it met the coverage requirements of the Act, and whether it complied with the good faith bargaining provisions. Additionally, the Commission had to consider if the agreement provided for appropriate mechanisms for resolving disputes and whether it was consistent with the national workplace relations system. The fairness of the proposed conditions, such as pay rates, hours of work, and leave entitlements, was also scrutinised.

The Commission found that the proposed agreement met the statutory requirements for approval. It determined that the agreement provided for a fair and efficient means of determining the employees' pay and conditions. The coverage of the agreement was deemed appropriate, and the bargaining process was found to be conducted in good faith. The agreement contained adequate dispute resolution mechanisms, and the terms were consistent with the national workplace relations system. The proposed conditions, including pay rates, hours of work, and leave entitlements, were considered fair and reasonable.

Consequently, the Commission approved the Recom Electrical Services Pty Limited (Service Department) Single Enterprise Agreement 2022, determining that it met all the necessary statutory requirements for a single enterprise agreement under the Fair Work Act 2009. The agreement was registered, and the parties were bound by its terms from the effective date specified within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established