DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical High Voltage Services Pty Ltd T/A Transelect
(AG2017/6245)

TRANSELECT (SYDNEY REGION) SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MAY 2018

Application for approval of the Transelect (Sydney Region) Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Transelect (Sydney Region) Single Enterprise Agreement 2017 (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 Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 15 May 2021.

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 Fair Work Commission. The dispute centred on the approval of the Transelect (Sydney Region) Single Enterprise Agreement 2017. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant award or safety net award and whether it contained the mandatory terms required by the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether the process followed to make the agreement was appropriate.

The Commission assessed the agreement against the statutory criteria set out in the Fair Work Act. It found that the agreement did provide for minimum terms and conditions that were no less favourable than the relevant award. Furthermore, the Commission was satisfied that the mandatory terms required by the Act were included and that the agreement was made in good faith. The process for making the agreement was deemed appropriate, as it involved genuine consultation and negotiation between the employer and the employees' representatives. Consequently, the Commission approved and registered the Transelect (Sydney Region) Single Enterprise Agreement 2017.

The Fair Work Commission approved and registered the Transelect (Sydney Region) Single Enterprise Agreement 2017, finding it compliant with the statutory requirements under the Fair Work Act 2009.

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