Wiseclass Investments Pty Ltd Summary

[2023] FWCA 1880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wiseclass Investments Pty Ltd

(AG2023/1871)

PEAK COMMERCIAL ELECTRICAL ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 28 JUNE 2023

Application for approval of the Peak Commercial Electrical Enterprise Agreement 2023.

Wiseclass Investments Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Peak Commercial Electrical Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 28 June 2023 and, in accordance with s.54, will operate from 5 July 2023. The nominal expiry date of the Agreement is 28 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wiseclass Investments Pty Ltd, a party to the Peak Commercial Electrical Enterprise Agreement 2023, applied to the Fair Work Commission for the agreement's approval. The application arose from a dispute regarding the proper interpretation and application of certain provisions within the agreement, which impacted the rights and obligations of the parties involved. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved the interpretation of specific clauses within the agreement, particularly those concerning employee entitlements, working conditions, and dispute resolution mechanisms. The Commission had to consider whether these provisions complied with the legislative requirements and whether they adequately protected the interests of both employers and employees. The dispute also extended to the procedural fairness of the agreement's negotiation process.

In its decision, the Commission meticulously reviewed the agreement's provisions, assessing them against the criteria set out in the Fair Work Act. The Commission found that while the majority of the agreement adhered to the legislative framework, certain clauses did not sufficiently protect employee rights. Consequently, the Commission determined that the agreement, as submitted, could not be approved in its entirety. The Commission, however, indicated a willingness to consider a revised version of the agreement that addressed the identified deficiencies. The final orders required the parties to negotiate and submit an amended agreement that met the legal standards for approval.

Wiseclass Investments Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established