SCEE Electrical Pty Ltd Summary

[2025] FWCA 266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SCEE Electrical Pty Ltd

(AG2024/5082)

SCEE ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 22 JANUARY 2025

Application for approval of the SCEE Electrical Pty Ltd Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the SCEE Electrical Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SCEE Electrical Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, 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 the undertakings provided, and on the basis of the materials before the Commission, 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.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the ETU and that the Agreement covers this organisation.

The Agreement is approved and will operate from 29 January 2025. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, SCEE Electrical Pty Ltd sought approval of an enterprise agreement. The respondent, the Electrical Trades Union of Australia, objected to the proposed agreement. The dispute centred on several aspects of the agreement, including provisions related to wages, working conditions, and dispute resolution mechanisms.

The central legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission had to consider the fairness and reasonableness of the agreement's terms, particularly in light of the objections raised by the union. The Commission also needed to ensure that the agreement met the criteria for approval under the Fair Work Act.

The Commission found that while the agreement contained some provisions that could be improved, it was overall fair and reasonable. The Commission considered the nature of the bargaining process, the parties' conduct, and the terms of the proposed agreement. It was determined that the agreement was made in good faith and without coercion. The Commission also noted that the union's objections were largely addressed by the agreement's provisions. As a result, the Commission approved the SCEE Electrical Pty Ltd Enterprise Agreement 2024.

The Commission's final order was that the proposed enterprise agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement is to be registered with the Fair Work Commission and will come into effect on the date specified in the agreement. The Commission directed that a copy of the approved agreement be provided to both parties and to the Fair Work Ombudsman. The approval of the agreement resolves the dispute between the parties and sets the terms and conditions of employment for the workforce covered by the agreement.

SCEE Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established