F.I.P. Electrical (Tas) Pty Ltd Summary

[2022] FWCA 1291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

F.I.P. Electrical (Tas) Pty Ltd

(AG2022/984)

FIP Electrical (TAS) Pty Ltd Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 APRIL 2022

Application for approval of the FIP Electrical (TAS) Pty Ltd Enterprise Agreement 2022

An application has been made by F.I.P Electrical (Tas) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the FIP Electrical (TAS) Pty Ltd Enterprise Agreement 2022 (the Agreement).

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceedings were F.I.P. Electrical (Tas) Pty Ltd, the employer, and the Electrical Trade Union of Australia, the representative of the employees. The matter was before the Fair Work Commission, which was asked to approve an enterprise agreement between the parties. The dispute centred on the terms of the agreement, specifically whether they complied with the requirements of the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement met the necessary conditions for approval, including whether it contained minimum terms as required by the Act, and whether it had been made in good faith and without coercion. Another issue was whether the agreement was fair and reasonable, taking into account the interests of both employers and employees.

The Commission examined the agreement clause by clause, considering the arguments of both parties. It found that the agreement contained the minimum terms required by the Act and had been made in good faith. The Commission also determined that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The Commission noted that the agreement provided for a reasonable balance of rights and obligations between the parties, and that it was consistent with relevant industry benchmarks.

The Fair Work Commission approved the F.I.P. Electrical (TAS) Pty Ltd Enterprise Agreement 2022, finding that it met the requirements of the Fair Work Act 2009. The Commission's decision provides clarity for both employers and employees in the electrical trade industry in Tasmania, and sets a precedent for future enterprise agreements in the sector.

F.I.P. Electrical (Tas) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established