| [2024] FWCA 4349 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Westwoods Electrical & Property Services (Australia) Pty Ltd T/A Westwoods Electrical & Property Services (Australia) Pty Ltd
(AG2024/4643)
WESTWOODS ELECTRICAL & PROPERTY SERVICES (AUSTRALIA) PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025
| Electrical contracting industry | |
| COMMISSIONER JOHNS | MELBOURNE, 6 DECEMBER 2024 |
Application for approval of the Westwoods Electrical & Property Services (Australia) Pty Ltd & ETU Enterprise Agreement 2021 – 2025
An application has been made for approval of an enterprise agreement known as the Westwoods Electrical & Property Services (Australia) Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westwoods Electrical & Property Services (Australia) Pty Ltd T/A Westwoods Electrical & Property Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
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 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 13 December 2024. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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<AE527110 PR782143>
Annexure A
- AGLC
- Westwoods Electrical & Property Services (Australia) Pty Ltd T/A Westwoods Electrical & Property Services (Australia) Pty Ltd [2024] FWCA 4349
- Case
- [2024] FWCA 4349
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC were whether the agreement met the requirements of section 230 of the Act and whether it was in the best interests of the employees. The FWC needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it allowed for fair and reasonable processes for resolving disputes. The FWC also had to consider whether the agreement was likely to promote workplace harmony and productivity.
The FWC examined the submissions from both Westwoods Electrical & Property Services and the Electrical Trades Union (ETU). The FWC noted that the agreement contained provisions that were consistent with the Act and that it had been negotiated in good faith. The FWC found that the agreement provided for fair and reasonable terms and conditions and allowed for fair and reasonable processes for resolving disputes. The FWC also found that the agreement was likely to promote workplace harmony and productivity. Based on these findings, the FWC approved the agreement.
The FWC ordered the approval of the Westwoods Electrical & Property Services (Australia) Pty Ltd & ETU Enterprise Agreement 2021 – 2025, which will now be registered with the Fair Work Commission. The agreement will be in effect from 1 July 2021 to 30 June 2025, unless terminated earlier in accordance with its terms.
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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