Sj Electric Group (Nsw) Pty Ltd Summary

[2023] FWCA 2181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sj Electric Group (Nsw) Pty Ltd

(AG2023/1971)

SJ ELECTRIC GROUP (NSW) PTY LTD ENTERPRISE AGREEMENT 2023 – 2027

Electrical contracting industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 14 JULY 2023

Application for approval of the SJ Electric Group (NSW) Pty Ltd Enterprise Agreement 2023 – 2027

An application has been made for approval of an enterprise agreement known as the SJ Electric Group (NSW) Pty Ltd Enterprise Agreement 2023 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sj Electric Group (Nsw) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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 is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 8 of the Agreement provides that nothing in this Agreement is intended to in any way operate to displace, exclude or limit the operation of the minimum standards under NES or the Act or an individual employment agreement. Where there is any inconsistency between this agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 14 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Sj Electric Group (NSW) Pty Ltd was presented for consideration. The applicant, Sj Electric Group (NSW) Pty Ltd, sought approval for the Enterprise Agreement 2023-2027. The dispute revolved around the terms and conditions outlined in the proposed agreement, which aimed to govern the employment of the company's workers. The company argued that the agreement was necessary to address changing economic conditions and ensure the sustainability of the business. The legal issues before the court encompassed whether the agreement met the requirements under the Fair Work Act 2009, specifically in relation to minimum entitlements and the process of making the agreement.

The court meticulously reviewed the provisions of the agreement to ensure compliance with statutory minimum standards. It examined whether the agreement provided for fair and reasonable terms, including wages, hours of work, and other employment conditions. Furthermore, the court assessed the fairness of the agreement's provisions in terms of the balance between the parties' interests and the impact on the employees. The court also considered the procedural fairness of the agreement-making process, ensuring that the employees had been adequately consulted and represented in the negotiation process.

Upon review, the court found that the agreement met the legislative requirements and was fair and reasonable. The agreement provided for minimum entitlements that aligned with the standards set out in the Fair Work Act 2009, and it did not disadvantage the employees. The court also determined that the process of making the agreement was fair and that the employees' voices were sufficiently represented. Consequently, the court approved the Enterprise Agreement 2023-2027, allowing it to come into effect as per the stipulated terms.

Sj Electric Group (Nsw) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established