T.A.S Electrical Services Pty Ltd Summary

[2019] FWC 7238

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, T.A.S Electrical Services Pty Ltd sought approval for an enterprise agreement that had been made between the company and its employees. The nature of the dispute centred around the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the necessary requirements for approval, including that it was made in good faith and without coercion.

The legal issues that the Commission had to address included whether the agreement had been made in accordance with the procedures outlined in the Act, whether it contained the mandated minimum terms and conditions, and whether it was fair and reasonable in all its aspects. Specifically, the Commission needed to assess whether the agreement provided adequate protections for employees, including provisions for wages, leave, and other employment conditions.

The Commission found that the agreement was made in good faith and followed the necessary procedures. It also determined that the agreement contained all the required minimum terms and conditions and was fair and reasonable. The Commission was satisfied that the agreement provided adequate protections for employees, including provisions for wages, leave, and other employment conditions. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the TAS Electrical Services Pty Ltd Enterprise Agreement 2019 - 2023 be approved as a registered agreement. The agreement was to be registered and would be in effect from the date of registration until the earlier of the date on which it is terminated in accordance with its provisions or 5 years from the date of registration.

T.A.S Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established