Sv Electrics Pty Ltd T/A Sv Electrics Summary

[2024] FWCA 3635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sv Electrics Pty Ltd T/A Sv Electrics

(AG2024/3730)

SV ELECTRICS PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 18 OCTOBER 2024

Application for approval of the SV ELECTRICS PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024 – 2026

An application has been made for approval of an enterprise agreement known as the SV ELECTRICS PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sv Electrics Pty Ltd T/A Sv Electrics. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 43(a)(iii): Redundancy.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 16), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2024. The nominal expiry date of the Agreement is 31 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sv Electrics Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Electrical Trades Union NSW/ACT. The proposed agreement covers employees of Sv Electrics Pty Ltd for a three-year period. The Electrical Trades Union NSW/ACT and Sv Electrics Pty Ltd both submitted evidence and arguments regarding the terms of the agreement, particularly focusing on pay rates, conditions, and other employment terms.

The legal issues before the court involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and reasonable rate of pay and conditions, and whether it was free from any unlawful content. The court had to determine if the agreement was genuinely negotiated and whether it complied with the procedural requirements for approval.

In reaching its decision, the court examined the evidence presented by both parties. It considered the bargaining process and the terms of the agreement. The court found that the proposed agreement was fairly negotiated and provided for reasonable pay and conditions. It also concluded that the agreement met all statutory requirements for approval under the Fair Work Act 2009. The court was satisfied that the agreement was fair and reasonable and approved it.

The final orders of the court were that the SV ELECTRICS PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024 – 2026 be approved. This approval is effective from the date of the decision and will apply to the employees covered by the agreement for the specified period.

Sv Electrics Pty Ltd T/A Sv Electrics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established