Boult Corporation Pty Ltd T/A Total Electrical Communication Services Summary

[2014] FWCA 1115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boult Corporation Pty Ltd T/A Total Electrical Communication Services
(AG2014/281)

TOTAL ELECTRICAL COMMUNICATION SERVICES ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 FEBRUARY 2014

Application for approval of the Total Electrical Communication Services Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total Electrical Communication Services Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boult Corporation Pty Ltd, trading as Total Electrical Communication Services, sought approval of the Total Electrical Communication Services Roy Hill AWU Greenfields Agreement 2014. The application was heard in the Fair Work Commission by Commissioner Cox, who was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for approval. The primary dispute centred on the provisions of the agreement concerning wages, conditions, and dispute resolution mechanisms, with the Australian Workers' Union arguing that certain clauses did not comply with the Act.

The key legal issues before the Commission included whether the agreement provided for the payment of minimum rates of pay, entitlements, and leave as stipulated by the relevant award, and whether the dispute resolution processes were fair and efficient. The Commission had to scrutinise the agreement's compliance with the Act, particularly focusing on the provisions that could potentially disadvantage employees or undermine the protection of workers' rights.

Commissioner Cox found that the agreement, while generally well-drafted, contained some clauses that did not strictly adhere to the requirements of the Act. Notably, certain wage provisions and dispute resolution mechanisms were identified as non-compliant. However, the Commissioner determined that these issues could be rectified through minor amendments that would ensure full compliance with the legislative standards. As a result, the application for approval was granted, subject to the submission of an amended agreement that addressed the identified deficiencies. The Commissioner's decision emphasised the importance of ensuring that all employment agreements fully conform to the statutory framework designed to protect workers' rights.

The final orders included the approval of the agreement, contingent upon the submission of an amended version within a specified timeframe. The Commission also directed that the amended agreement would be subject to further review to ensure its compliance with the Act.

Boult Corporation Pty Ltd T/A Total Electrical Communication Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established