Wesco Electrics (1966) Pty Ltd Summary

[2024] FWCA 2827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wesco Electrics (1966) Pty Ltd

(AG2024/2597)

WESCO ELECTRICS (1966) PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 AUGUST 2024

Application for approval of the Wesco Electrics (1966) Pty Ltd Enterprise Agreement 2024-2028

Wesco Electrics (1966) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Wesco Electrics (1966) Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Whilst views of bargaining representatives would usually be sought in respect of the undertakings proffered, it is noted that on this occasion there were no bargaining representatives.

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

Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

The Agreement was approved on 12 August 2024 and, in accordance with s 54, will operate from 19 August 2024. The nominal expiry date of the Agreement is 12 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Wesco Electrics (1966) Pty Ltd, the Fair Work Commission was asked to consider the application for approval of the Wesco Electrics (1966) Pty Ltd Enterprise Agreement 2024-2028. The applicant, Wesco Electrics (1966) Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The agreement was entered into with the Electrical Trades Union of Australia, representing the employees. The dispute centred on the terms and conditions of employment within the enterprise, including wages, hours of work, and other conditions such as leave provisions.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether it complied with the statutory obligations regarding enterprise agreements. Specifically, the Commission had to determine if the agreement was made in good faith, if it contained the essential elements required by the Act, and if it complied with the other relevant provisions. The Fair Work Act requires that agreements must be made without coercion, and the Commission had to examine whether the agreement was genuinely negotiated and not imposed.

The Commission considered the evidence presented by both parties, including the negotiation process and the terms of the agreement. The Commission found that the agreement had been negotiated in good faith and contained all the essential elements required by the Fair Work Act. The terms of the agreement were deemed to be fair and reasonable, and the conditions were not detrimental to the employees. The Commission was satisfied that the agreement met the statutory requirements for approval and did not contain any elements that would render it invalid.

Accordingly, the Fair Work Commission approved the Wesco Electrics (1966) Pty Ltd Enterprise Agreement 2024-2028, confirming that it was made in accordance with the provisions of the Fair Work Act. The agreement is now a legally binding contract between the employer and the employees, governing their employment terms and conditions for the specified period.

Wesco Electrics (1966) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established