| [2025] FWCA 375 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SCEE Electrical Pty Ltd
(AG2024/5093)
SCEE ELECTRICAL PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 – 2028
| Electrical power industry | |
| DEPUTY PRESIDENT BUTLER | BRISBANE, 30 JANUARY 2025 |
Application for approval of the SCEE Electrical Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 – 2028
SCEE Electrical Pty Ltd has applied for approval of an enterprise agreement known as SCEE Electrical Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement.
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.
Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2028
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527834 PR783816>
- AGLC
- SCEE Electrical Pty Ltd [2025] FWCA 375
- Case
- [2025] FWCA 375
- Decision Date
CaseChat Overview and Summary
The central legal issue in this case was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was "free" of any prohibited content, "independent" of any party, and "compliant" with the Fair Work Regulations 2009. The Commission also considered whether the agreement provided for "fair" terms and conditions of employment for the workers covered by the agreement.
The Commission found that the agreement met all the legal requirements for approval. It was free of prohibited content, independent of any party, and compliant with the Fair Work Regulations. The Commission also found that the agreement provided for fair terms and conditions of employment for the workers covered by the agreement. The Commission noted that the agreement provided for a fair rate of pay, reasonable working hours, and adequate leave entitlements, among other things. The Commission was satisfied that the agreement was in the best interests of the workers covered by the agreement and approved the agreement accordingly.
The Fair Work Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2024-2028, finding that it met all the legal requirements for approval. The Commission found that the agreement was free of prohibited content, independent of any party, and compliant with the Fair Work Regulations. The Commission also found that the agreement provided for fair terms and conditions of employment for the workers covered by the agreement. The Commission approved the agreement, and it will now regulate the terms and conditions of employment for workers in the electrical supply industry in Queensland.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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