[2019] FWCA 7254

The attached document wholly replaces the document previously issued with the code [2019] FWC 7238 on 18 October 2019 to correct document referencing.

Richard Murray

Associate to COMMISSIONER CIRKOVIC

Dated 21 October 2019

[2019] FWCA 7254

FAIR WORK COMMISSION

DECISION

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

T.A.S Electrical Services Pty Ltd
(AG2019/3448)

TAS ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 OCTOBER 2019

Application for approval of the TAS Electrical Services Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the TAS Electrical Services Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T.A.S Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 18 October 2019 and, in accordance with s.54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 17 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, T.A.S Electrical Services Pty Ltd, sought approval for the TAS Electrical Services Pty Ltd Enterprise Agreement 2019 - 2023. The application was made under section 234 of the Fair Work Act 2009. The dispute centered around the terms and conditions of employment for electricians and electrical workers employed by the company.

The legal issues before the Commission involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for good faith bargaining, whether it provided for minimum entitlements as outlined by the Act, and if it adhered to the procedural requirements for the approval of an enterprise agreement.

The Commission examined the evidence presented regarding the bargaining process, the provisions of the agreement, and the compliance with statutory provisions. It was noted that the agreement had been negotiated in good faith, with the applicant demonstrating efforts to reach an agreement with the registered organisation representing the employees. The Commission found that the agreement provided for the minimum entitlements required by the Act and did not contain any terms that were contrary to public policy or that failed to meet the requirements for a certified agreement. Consequently, the application was approved, and the agreement was registered.

The Fair Work Commission approved the TAS Electrical Services Pty Ltd Enterprise Agreement 2019 - 2023, registering it under the Fair Work Act. The decision affirmed that the agreement was made in good faith, provided for the necessary minimum entitlements, and complied with the statutory requirements for enterprise agreements.

T.A.S Electrical Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established