WAY Electrical Pty Ltd T/A WAY Electrical Pty Ltd Summary

[2022] FWCA 3322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WAY Electrical Pty Ltd T/A WAY Electrical Pty Ltd

(AG2022/3773)

WAY Electrical Pty Ltd Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER SCHNEIDER	PERTH, 23 SEPTEMBER 2022

Application for approval of the WAY Electrical Pty Ltd Enterprise Agreement 2022

WAY Electrical Pty Ltd T/A WAY Electrical Pty Ltd has made an application for the approval of an enterprise agreement known as the WAY Electrical Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wishes to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the Union, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 September 2022. The nominal expiry date of the Agreement is 23 September 2026.

COMMISSIONER
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CaseChat Overview and Summary

WAY Electrical Pty Ltd, trading as WAY Electrical Pty Ltd, applied for the approval of its 2022 Enterprise Agreement. The matter was heard in the Fair Work Commission, which has jurisdiction to approve such agreements. The dispute centred around whether the terms of the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the applicant sought to ensure that the agreement would be fair and reasonable, taking into account the needs and interests of the employees, the employer, and the community.

The legal issues before the Commission involved assessing the fairness and reasonableness of various terms within the proposed agreement. These terms included provisions related to wages, hours of work, leave entitlements, and other conditions of employment. The Commission had to determine whether the agreement provided a fair and reasonable balance between the interests of the employer and employees. Additionally, it had to consider whether the agreement complied with any relevant awards or other industrial instruments and whether it adhered to the provisions of the Fair Work Act.

The Fair Work Commission found that the proposed Enterprise Agreement was fair and reasonable. It noted that the agreement provided for a balanced set of terms that addressed the needs of both the employer and employees. The Commission was satisfied that the agreement provided for adequate wage rates, reasonable hours of work, and appropriate leave entitlements. Furthermore, it was found to be compliant with any relevant industrial instruments and adhered to the provisions of the Fair Work Act. Consequently, the Commission approved the WAY Electrical Pty Ltd Enterprise Agreement 2022.

The final order of the Fair Work Commission was that the WAY Electrical Pty Ltd Enterprise Agreement 2022 was approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Commission and would be in effect from the date of the approval order.

WAY Electrical Pty Ltd T/A WAY 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