Westwoods Electrical and Property Services Pty Ltd

[2024] FWCA 1038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Westwoods Electrical and Property Services Pty Ltd

(AG2024/641)

WESTWOODS ELECTRICAL AND PROPERTY SERVICES PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 22 MARCH 2024

Application for approval of the Westwoods Electrical and Property Services Pty Ltd Enterprise Agreement 2024-2028

Westwoods Electrical and Property Services Pty Ltd has applied for approval of a single enterprise agreement known as the Westwoods Electrical and Property Services Pty Ltd Enterprise Agreement 2024-2028 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 29 March 2024. The nominal expiry date of the Agreement is 22 March 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Westwoods Electrical and Property Services Pty Ltd sought approval of its enterprise agreement for the period 2024-2028 from the Fair Work Commission. The application was brought by the company, while the Electrical Trades Union of Australia and the Australian Services Union were the objectors. The dispute centred on various clauses of the proposed agreement, particularly those relating to wages, working conditions, and the scope of employment.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions, and if it adhered to the 'better off overall test'. The objectors argued that the agreement failed to ensure that employees would be no worse off financially and questioned certain clauses regarding the definition of 'hours worked' and the imposition of shift penalties.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement, taking into account the submissions from both the applicant and the objectors. The Commission found that while some aspects of the agreement required minor adjustments to ensure compliance with the 'better off overall test', the overall framework of the agreement was fair and reasonable. The Commission mandated specific changes to certain clauses to protect employee entitlements and ensure compliance with the statutory requirements. Consequently, the Commission approved the agreement with the stipulated modifications.

The final orders included the approval of the enterprise agreement, subject to the changes mandated by the Commission, ensuring that it met the statutory requirements for fairness and reasonableness. The agreement was to be certified by the Commission, effective from the date of the decision, provided the necessary amendments were incorporated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established