WR & EL Jones Electrical Contractors Pty Ltd

[2024] FWCA 3218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WR & EL Jones Electrical Contractors Pty Ltd

(AG2024/3170)

WR & EL JONES ELECTRICAL CONTRACTORS PTY LTD & ETU ESSO ELECTRICAL ONSHORE AND OFFSHORE MAINTENANCE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 SEPTEMBER 2024

Application for approval of the WR & EL Jones Electrical Contractors Pty Ltd & ETU Esso Electrical Onshore and Offshore Maintenance Agreement 2024.

An application has been made for approval of an enterprise agreement known as the WR & EL Jones Electrical Contractors Pty Ltd & ETU Esso Electrical Onshore and Offshore Maintenance Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WR & EL Jones Electrical Contractors Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 May 2024 and the Agreement was made on 6 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 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 17 September 2024. The nominal expiry date of the Agreement is 1 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a new enterprise agreement between WR & EL Jones Electrical Contractors Pty Ltd and the Electrical Trades Union (ETU). The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, including whether it was in the interests of the employees and if it complied with the various statutory obligations.

The Commission considered several factors in making its decision. Firstly, it examined the process through which the agreement was negotiated, ensuring that it adhered to the procedural fairness requirements set out in the Act. The Commission also assessed the substantive terms of the agreement, including wages, hours of work, and other conditions of employment, to determine if they were fair and reasonable. Additionally, the Commission evaluated whether the agreement provided sufficient protections for employees and whether it aligned with the broader objectives of the Fair Work Act, such as promoting productivity, economic prosperity, and social inclusion.

After careful consideration of the evidence and arguments presented, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to be in the best interests of the employees, and it complied with all relevant statutory requirements. The Commission concluded that the agreement provided fair and reasonable terms and conditions of employment and that it would promote the broader objectives of the Act. Consequently, the Commission approved the agreement, allowing it to come into effect as of the specified date.

The Fair Work Commission's final order was that the WR & EL Jones Electrical Contractors Pty Ltd & ETU Esso Electrical Onshore and Offshore Maintenance Agreement 2024 be approved and registered. The agreement was to be binding on all parties from the date of the decision, and the Commission directed the parties to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established