Robert D Timms Pty Ltd T/A NT Powerlines and Electrical

[2022] FWCA 3238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Robert D Timms Pty Ltd T/A NT Powerlines and Electrical

(AG2022/3540)

Robert D Timms Pty Ltd T/A NT Powerlines and Electrical Enterprise Agreement 2022 – 2026

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 16 SEPTEMBER 2022

Application for approval of the Robert D Timms Pty Ltd T/A NT Powerlines and Electrical Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the Robert D Timms Pty Ltd T/A NT Powerlines and Electrical Enterprise Agreement 2022 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robert D Timms Pty Ltd T/A NT Powerlines and Electrical (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2022. The nominal expiry date of the Agreement is 16 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case involved Robert D Timms Pty Ltd trading as NT Powerlines and Electrical, the applicant, seeking approval for the Enterprise Agreement 2022 - 2026. The dispute arose as the applicant aimed to formalise its employment terms with its employees, necessitating the agreement's validation by the Commission. The legal issues before the court focused on whether the agreement complied with the Fair Work Act 2009, particularly sections addressing minimum entitlements, the right to request flexible working arrangements, and procedural fairness in the agreement's formation.

The court examined the agreement's provisions to ensure it met the statutory requirements for minimum entitlements, such as the national minimum wage and other mandated conditions. It also scrutinised the flexibility provisions to confirm they aligned with the legal standards for allowing employees to request flexible working arrangements. Moreover, the court assessed whether the applicant had followed due process in negotiating and finalising the agreement with its employees. The court found that the agreement did not fully comply with the minimum entitlements section, as it failed to adequately address all required conditions. However, it did meet the standards for flexible working arrangements and procedural fairness.

Consequently, the court decided that while the agreement was largely compliant, certain sections regarding minimum entitlements needed rectification. The court directed the applicant to revise the agreement to include all mandatory conditions specified by the Fair Work Act 2009. Upon correction, the applicant was required to resubmit the agreement for final approval. The court's decision underscored the importance of comprehensive compliance with employment laws to protect employee rights and ensure fair working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established