Recom Electrical Services (QLD) Pty Ltd

[2022] FWCA 1223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Recom Electrical Services (QLD) Pty Ltd

(AG2022/779)

RECOM ELECTRICAL SERVICES PTY LIMITED (Minor Works) SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 6 APRIL 2022

Application for approval of the Recom Electrical Services Pty Limited (Minor Works) Single Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Recom Electrical Services Pty Limited (Minor Works) Single Enterprise Agreement 2021 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5.7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Recom Electrical Services (QLD) Pty Ltd, sought approval of a minor works single enterprise agreement. The agreement was for the period beginning on 1 July 2021 and ending on 30 June 2024. The agreement was between the applicant, an employer in the electrical contracting industry, and its employees, who were represented by the Electrical Trades Union of Australia. The applicant argued that the agreement was a minor works agreement and therefore did not require the approval of the Fair Work Commission. The union, however, argued that the agreement should be approved as a minor works agreement because it did not adversely affect the employees' wages and conditions.

The central legal issue before the Fair Work Commission was whether the minor works agreement was suitable for approval. The Fair Work Commission noted that an agreement could be approved as a minor works agreement if it did not adversely affect the employees' wages and conditions and was in the interests of the employees. The Commission also noted that an agreement could not be approved as a minor works agreement if it had the effect of undermining the existing enterprise agreement or if it was not in the interests of the employees. The Fair Work Commission considered the evidence and submissions from both parties and concluded that the agreement was suitable for approval as a minor works agreement. The Commission found that the agreement did not adversely affect the employees' wages and conditions and was in their interests.

The Fair Work Commission approved the minor works agreement. The Commission found that the agreement did not have the effect of undermining the existing enterprise agreement and was in the interests of the employees. The Commission also found that the agreement provided for reasonable terms and conditions of employment and was not likely to have a significant adverse effect on the employees' wages and conditions. The Commission concluded that the agreement was suitable for approval as a minor works agreement. The Fair Work Commission approved the minor works agreement on the basis that it met the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established