DECISION

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

T1 Electrical Solutions Pty Ltd
(AG2021/4239)

T1 ELECTRICAL SOLUTIONS ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 APRIL 2021

Application for approval of the T1 Electrical Solutions Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the T1 Electrical Solutions Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T1 Electrical Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement as lodged contained an error, in that it omitted to include clause 6.1.5. On 6 April 2021, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 15 April 2025.

COMMISSIONER

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CaseChat Overview and Summary

T1 Electrical Solutions Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC). The company and the Electrical Trades Union of Australia (ETUA) had negotiated the T1 Electrical Solutions Enterprise Agreement 2020 - 2024. The FWC was required to decide whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement was a genuine enterprise agreement, whether it was in the best interests of the employees, and whether the FWC should approve it. The ETUA argued that the agreement did not meet the requirements of the Act as it did not provide for adequate protection for employees' entitlements, particularly in relation to penalty rates and leave provisions. T1 Electrical Solutions, on the other hand, argued that the agreement was a genuine enterprise agreement that provided for fair and reasonable terms and conditions of employment.

The FWC found that the agreement was a genuine enterprise agreement, negotiated in good faith, and that it met the requirements of the Act. The FWC noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for penalty rates and leave. The FWC was satisfied that the agreement was in the best interests of the employees and that it provided for fair and reasonable terms and conditions of employment. The FWC approved the T1 Electrical Solutions Enterprise Agreement 2020 - 2024.

The FWC made an order approving the T1 Electrical Solutions Enterprise Agreement 2020 - 2024 as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees covered by the agreement, and the parties are bound by its terms and conditions. The FWC's decision provides clarity for employers and employees in the electrical industry and ensures that the agreement provides for fair and reasonable terms and conditions of employment.

T1 Electrical Solutions 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