White Rhino Electrical Pty Ltd T/A White Rhino Switchboards & Electrical

[2024] FWCA 4627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

White Rhino Electrical Pty Ltd T/A White Rhino Switchboards & Electrical

(AG2024/4411)

WHITE RHINO SWITCHBOARDS AND ELECTRICAL ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 23 DECEMBER 2024

Application for approval of the White Rhino Switchboards and Electrical Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the White Rhino Switchboards and Electrical Enterprise Agreement 2024-2028 (the Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by White Rhino Electrical Pty Ltd trading as White Rhino Switchboards & Electrical (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.11 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:

Personal/Carer’s Leave: clause 7.2.2 appears to impose more stringent notice requirements than the NES.

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Under s.205A(2) of the Act, the workplace delegates’ rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 30 December 2024. The nominal expiry date of the Agreement is 30 December 2028.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved an application by White Rhino Electrical Pty Ltd, trading as White Rhino Switchboards & Electrical, for the approval of the White Rhino Switchboards and Electrical Enterprise Agreement 2024-2028. The application was made to the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth). The nature of the dispute centred on the terms of the proposed agreement, which the parties intended to cover employees within the electrical industry.

The legal issues that the Commission had to resolve were whether the agreement met the requirements of the Fair Work Act and whether it complied with the 'better off overall test'. This test assesses whether employees would be better off overall with the agreement compared to the applicable awards and conditions. The Commission had to examine the provisions of the agreement, including wages, conditions of employment, and other terms and conditions, to determine if they met the statutory criteria.

The Commission carefully reviewed the agreement and concluded that it was fair and reasonable. The agreement provided for fair wages and conditions, included provisions for dispute resolution, and offered benefits that were likely to improve the overall position of the employees. The Commission was satisfied that the agreement complied with the better off overall test and approved it, finding that the employees would indeed be better off overall with the terms of the proposed agreement.

The Commission made an order approving the White Rhino Switchboards and Electrical Enterprise Agreement 2024-2028, effective from the date of the decision. This decision ensured that the agreement could be implemented and would govern the employment conditions of the employees covered by the agreement for the period 2024-2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established