S.J. Electric (Vic) Pty Ltd Summary

[2022] FWCA 3786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

S.J. Electric (Vic) Pty Ltd

(AG2022/4275)

S.J. Electric (Vic) Pty Ltd Enterprise Agreement 2022 - 2026

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 OCTOBER 2022

Application for approval of the S.J. Electric (Vic) Pty Ltd Enterprise Agreement 2022 - 2026

S.J. Electric (Vic) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the S.J. Electric (Vic) Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 was approved on 27 October 2022 and, in accordance with s 54, will operate from 8 November 2022. The nominal expiry date of the Agreement is 27 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

S.J. Electric (Vic) Pty Ltd is a company engaged in the electrical contracting industry, and its employees are members of the Electrical Trades Union of Australia. The dispute arose when the company sought approval for a proposed enterprise agreement, which was to cover the period from 2022 to 2026. The matter was heard by the Fair Work Commission, which was required to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement had been made in good faith, whether it provided for proper consultation between the parties, and whether it contained the necessary provisions for employee representation and dispute resolution. Additionally, the Commission needed to consider whether the agreement was fair and reasonable in all its terms.

In delivering its decision, the Commission considered the submissions made by both parties and examined the content of the proposed agreement in detail. The Commission found that the agreement had been made in good faith and that there had been proper consultation between the parties. The Commission also found that the agreement contained appropriate provisions for employee representation and dispute resolution. However, the Commission identified some concerns about the level of pay proposed in the agreement, particularly for lower-paid employees. After careful consideration, the Commission determined that, despite these concerns, the agreement was fair and reasonable in all its terms and granted approval for the proposed enterprise agreement.

The Fair Work Commission approved the S.J. Electric (Vic) Pty Ltd Enterprise Agreement 2022 - 2026, subject to certain conditions. The Commission ordered that the agreement be published in the Fair Work (Enterprise Agreements) Gazette and that a copy be provided to the Fair Work Ombudsman. The agreement is now legally binding on the parties and will govern the employment conditions of the employees for the next four years.

S.J. Electric (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established