DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sekure Pty Ltd T/A TASC Digital Control Systems (WA)
(AG2019/2265)

TASC DIGITAL CONTROL SYSTEMS (WA) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 21 AUGUST 2019

Application for approval of the TASC Digital Control Systems (WA) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the TASC Digital Control Systems (WA) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sekure Pty Ltd T/A TASC Digital Control Systems (WA). The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 20 August 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sekure Pty Ltd, trading as TASC Digital Control Systems (WA), sought approval for the TASC Digital Control Systems (WA) Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for registration, including whether it provided for the minimum entitlements as stipulated by the Act and was free from prohibited content. The Commission was required to determine if the agreement was in the public interest and whether it complied with the procedural fairness requirements.

The legal issues before the Commission included whether the agreement appropriately addressed the minimum terms and conditions for employees, whether it contained any prohibited content such as anti-union provisions, and whether the consultation process was conducted in good faith. Additionally, the Commission needed to consider if the agreement facilitated a productive workplace relationship and if it provided for a fair and efficient system for resolving disputes.

The Commission found that the agreement was in the public interest and met the legal requirements for approval. It noted that the agreement provided for minimum entitlements and did not contain any prohibited content. The consultation process was deemed to have been conducted in good faith, and the agreement was found to be likely to facilitate a productive workplace relationship. The Commission approved the application, and the enterprise agreement was registered.

The final orders of the Commission included the registration of the TASC Digital Control Systems (WA) Enterprise Agreement 2019, effective from the date of the decision. The Commission also directed that a copy of the decision be provided to the parties and that the agreement be published on the Fair Work Commission's website.

Sekure Pty Ltd T/A TASC Digital Control Systems (WA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established