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

[2014] FWCA 3133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boult Corporation Pty Ltd T/A Total Electrical Communication Services
(AG2014/5793)

TEC SERVICES ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 13 MAY 2014

Application for approval of the TEC Services Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the TEC Services Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four 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, applied to the Fair Work Commission for approval of the TEC Services Enterprise Agreement 2014-2018. The application was contested by the Electrical Trades Union of Australia (ETUA) on behalf of certain employees. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, with the ETUA objecting to specific provisions on the grounds they were unfair or did not meet the statutory requirements for enterprise agreements.

The central legal issue before the Commission was whether the provisions of the agreement that the ETUA objected to were procedurally and substantively compliant with the Fair Work Act 2009. The Commission had to determine if the agreement was made in good faith, if it contained the appropriate processes for addressing employee concerns, and whether it provided for the minimum entitlements set out in the Act. Additionally, the Commission needed to assess if the agreement met the criteria for being a single-enterprise agreement and if it was free from any invalid or unenforceable terms.

The Fair Work Commission, after reviewing the arguments presented by both parties, concluded that the agreement was fair and met the legal requirements. The Commission found that the parties had engaged in good faith negotiations and that the agreement contained adequate processes for addressing employee issues. It was determined that the agreement provided for all minimum entitlements and was valid as a single-enterprise agreement. Consequently, the Commission approved the TEC Services Enterprise Agreement 2014-2018. The ETUA's objections were overruled, and the agreement was approved as presented.

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