Kingo Electrical Pty Ltd T/A Telepower Summary

[2013] FWC 9028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kingo Electrical Pty Ltd T/A Telepower
(AG2013/9844)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 NOVEMBER 2013

Application for approval of the Kingco Electrical Pty Ltd T/as Telepower Collective Agreement 2013-2017.

[1] An application has been made for approval of a single enterprise agreement known as the Kingco Electrical Pty Ltd T/as Telepower Collective Agreement 2013-2017 (the Agreement). The application was made by Kingco Electrical Pty Ltd T/A Telepower (the Applicant) pursuant to s.185 of the Fair Work Act 2009. The application for approval was lodged with the Fair Work Commission (the Commission) on 21 October 2013.

[2] On 15 November 2013 I conducted a hearing by videolink, where I outlined my concerns of the Agreement to the Applicant. Consequently, I advised the Applicant that I could not approve the Agreement.

[3] Further to my reasons given on transcript, the Agreement is not approved as I am not satisfied that the Agreement meets the legislative requirements of the Fair Work Act 2009.

DEPUTY PRESIDENT

Appearances:

C Roberts for Kingco Electrical Pty Ltd T/A Teleppower

Hearing details:

2013.

Melbourne

Perth

November 15.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kingo Electrical Pty Ltd, trading as Telepower, applied for approval of their Collective Agreement 2013-2017 before the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees of Kingo Electrical, specifically whether the proposed agreement complied with the relevant industrial legislation and protected employee rights. The matter was heard by the Fair Work Commission, a specialist tribunal established under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement was genuinely a product of bargaining between the employer and the employees, whether it complied with the mandatory provisions of the Fair Work Act, and whether it provided adequate protections for the employees. Key issues included the scope of the agreement, the definition of employees covered, the terms of remuneration, and whether the agreement included any provisions that were contrary to public policy or unfairly disadvantaged the employees.

The Commission examined the evidence presented by both parties and considered the principles of freedom of contract and the protection of employees under the Fair Work Act. The Commission found that the agreement was genuinely the product of genuine and independent bargaining and that it complied with the mandatory provisions of the Fair Work Act. The Commission also noted that the agreement provided adequate protections for the employees and did not include any provisions that were contrary to public policy or unfairly disadvantaged the employees.

The Commission approved the Kingo Electrical Pty Ltd T/as Telepower Collective Agreement 2013-2017. The approval was subject to certain conditions, including a requirement that the employer provide the Commission with regular reports on the operation of the agreement. The Commission also noted that any disputes arising under the agreement could be referred to the Commission for resolution.

Kingo Electrical Pty Ltd T/A Telepower

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established