Steeleresolutions Pty Ltd

[2022] FWCA 2358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steeleresolutions Pty Ltd

(AG2022/2180)

BAI Communications Broadcast Technician Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 14 JULY 2022

Application for approval of the BAI Communications Broadcast Technician Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the BAI Communications Broadcast Technician Enterprise Agreement 2022 (Agreement). The application was made by Steeleresolutions Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given 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 that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2022. The nominal expiry date of the Agreement is 14 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Steeleresolutions Pty Ltd involved an application for the approval of the BAI Communications Broadcast Technician Enterprise Agreement 2022, which was made by the Applicant pursuant to s.185 of the Fair Work Act 2009. The Agreement, which is a single enterprise agreement, was proposed to be approved by the Fair Work Commission. The application was made by Steeleresolutions Pty Ltd and the Agreement is intended to cover the electrical contracting industry. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which is a bargaining representative for the Agreement, has given notice that it wants the Agreement to cover it.

The legal issues that the court had to decide included whether the Agreement met the requirements of s.185, 186, 187 and 188 of the Fair Work Act 2009 as they are relevant to the application for approval of the Agreement. The court also had to consider whether the more beneficial entitlements of the National Employment Standards (NES) would prevail where there was an inconsistency between the Agreement and the NES. The court observed that certain provisions of the Agreement may be inconsistent with the NES but was satisfied that the more beneficial entitlements of the NES would prevail where there was an inconsistency.

The court was satisfied that the requirements of ss.186, 187 and 188 of the Act as were relevant to the application for approval of the Agreement had been met. The court noted that the Agreement covers the organisation and approved the Agreement. The Agreement will operate from 21 July 2022 and its nominal expiry date is 14 July 2026. The court concluded that the application for approval of the Agreement should be approved and directed that the Agreement be registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established