| [2022] FWCA 947 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Trustee for BJ Fraser Family Trust and The Trustee for CC Rankine Family Trust T/A Pole Foundations Australia
(AG2022/506)
Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024
| Electrical power industry | |
| COMMISSIONER HUNT | BRISBANE, 21 MARCH 2022 |
Application for approval of the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024
The Trustee for BJ Fraser Family Trust and The Trustee for CC Rankine Family Trust T/A Pole Foundations Australia (the Employer) has applied for approval of an enterprise agreement known as the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.
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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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.
The CEPU 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 CEPU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2022. The nominal expiry date of the Agreement is 31 March 2024.
COMMISSIONER
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ANNEXURE A
- AGLC
- The Trustee for BJ Fraser Family Trust and The Trustee for CC Rankine Family Trust T/A Pole Foundations Australia [2022] FWCA 947
- Case
- [2022] FWCA 947
- Decision Date
CaseChat Overview and Summary
The legal issues before the commission were whether the agreement complied with the Fair Work Act and whether it satisfied the "better off overall test" (BOOT). The commission had to determine if the proposed agreement provided employees with terms and conditions that were no worse than those they currently had and whether it offered them a better overall package. Additionally, the commission considered whether the agreement was negotiated in good faith and whether it adhered to the procedural requirements outlined in the Fair Work Act.
The commission found that the agreement met all the statutory requirements and passed the BOOT. The applicants demonstrated that the agreement had been negotiated in good faith, as evidenced by the negotiations process and the involvement of relevant employee representatives. The commission was satisfied that the agreement provided employees with terms and conditions that were at least as good as, and in some cases better than, their existing conditions. Furthermore, the agreement adhered to the procedural requirements of the Fair Work Act, including the provision of necessary information to employees and the opportunity for them to seek advice. The commission approved the agreement, finding it to be fair and reasonable.
The final orders of the commission were that the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement would now govern the employment terms and conditions of the relevant employees, effective from the date of the commission's decision.
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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