DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical High Voltage Services Pty Ltd T/A Transelect
(AG2018/3628)

TRANSELECT (NORTHERN REGION) SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 DECEMBER 2018

Application for approval of the Transelect (Northern Region) Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Transelect (Northern Region) Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARA Electrical High Voltage Services Pty Ltd T/A Transelect. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2018. The nominal expiry date of the Agreement is 13 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ARA Electrical High Voltage Services Pty Ltd, trading as Transelect, brought an application before the Fair Work Commission for the approval of the Transelect (Northern Region) Single Enterprise Agreement 2018. The application sought to establish the terms and conditions of employment for employees within the Northern Region of the company. The dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it adequately represented the interests of both the employer and the employees.

The legal issues before the court included the interpretation of the statutory provisions relating to the approval of single enterprise agreements, specifically the requirements under sections 233 and 234 of the Fair Work Act 2009. The court had to determine whether the agreement contained the mandated 'minimum terms' and whether it complied with the 'good faith' requirement as outlined in the Fair Work Act. Additionally, the court needed to assess whether the agreement was 'in the interests of employees', considering the evidence provided by both parties.

In its decision, the Fair Work Commission held that the proposed agreement met the statutory requirements and could be approved. The Commission found that the agreement included the necessary minimum terms and was made in good faith. The Commission also concluded that the agreement was in the interests of the employees, based on the evidence of the parties and the broader context of the industry. The Commission approved the Transelect (Northern Region) Single Enterprise Agreement 2018, recognising its fairness and suitability as a collective bargaining instrument for the employees involved.

The Commission's final order was to approve the agreement, allowing it to take effect from the specified commencement date. This decision provided certainty for both the employer and employees regarding their employment terms and conditions within the Northern Region, ensuring compliance with the Fair Work Act.

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