DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical High Voltage Services Pty Ltd T/A Transelect
(AG2017/3609)

TRANSELECT (SOUTHERN REGION) ENTERPRISE AGREEMENT 2017 - 2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Transelect (Southern Region) Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Transelect (Southern Region) Enterprise Agreement 2017 - 2019 (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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2017. The nominal expiry date of the Agreement is 16 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ARA Electrical High Voltage Services Pty Ltd trading as Transelect, sought approval of the Transelect (Southern Region) Enterprise Agreement 2017-2019 under the Fair Work Act 2009. The dispute involved the conditions of employment for the employees of the company who were members of the Electrical Trades Union of Australia. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements of section 232 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other benefits. The Commission also had to consider whether the agreement provided for the protection of employees' rights and interests and whether it was consistent with the national minimum standards set out in the Fair Work Act.

The Commission found that the agreement provided for fair and reasonable terms and conditions and was consistent with the national minimum standards. The Commission was satisfied that the agreement provided for the protection of employees' rights and interests and that it met the requirements of section 232 of the Fair Work Act. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The applicant was ordered to give the Electrical Trades Union of Australia a copy of the approved agreement.

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