DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical High Voltage Services Pty Ltd T/A Transelect
(AG2020/829)

ARA ELECTRICAL HIGH VOLTAGE SERVICES PTY LTD (SOUTHERN REGION) COLLECTIVE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 29 APRIL 2020

Application for approval of the ARA Electrical High Voltage Services Pty Ltd (Southern Region) Collective Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the ARA Electrical High Voltage Services Pty Ltd (Southern Region) Collective Agreement 2019 (‘the Agreement’). The application was made by ARA Electrical High Voltage Services Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Communications Electrical and Plumbing Union, Electrical Trades Union Division (“the CEPU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CEPU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 29 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved ARA Electrical High Voltage Services Pty Ltd, trading as Transelect, and the Australian Council of Trade Unions. The dispute centred on the application for approval of the ARA Electrical High Voltage Services Pty Ltd (Southern Region) Collective Agreement 2019. The matter was heard in the Fair Work Commission of Australia. The Commission was tasked with determining whether the collective agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement complied with the requirements of the Fair Work Act, particularly whether it adhered to the relevant provisions concerning the protection of employees' rights and interests. The applicant argued that the agreement was fair and balanced, taking into account the economic and social context of the industry. The respondent, however, contended that certain provisions of the agreement were unfair and did not adequately protect the employees.

In its decision, the Commission considered the provisions of the Fair Work Act and relevant case law. It assessed whether the agreement met the criteria for approval by ensuring that it did not undermine the protection of employees' rights and interests. The Commission examined the economic context and the bargaining positions of the parties. It found that the agreement, while not perfect, was fair and reasonable in all the circumstances. The Commission approved the application for the collective agreement, recognising the need for a balanced approach in the context of the industry and the parties' bargaining positions.

The Fair Work Commission approved the application for the collective agreement, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act. The Commission ordered that the agreement be registered and that any disputes arising from its implementation be referred to the Fair Work Commission for resolution.

ARA Electrical High Voltage Services Pty Ltd T/A Transelect

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established