DECISION

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

Tad-Mar Electrical Pty Ltd
(AG2019/1673)

TAD-MAR ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 9 JULY 2019

Application for approval of the Tad-Mar Electrical Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tad-Mar Electrical Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tad-Mar Electrical Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The case involved Tad-Mar Electrical Pty Ltd and its employees. The primary issue was the application for approval of the Tad-Mar Electrical Pty Ltd Single Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement was genuinely a single enterprise agreement, whether it complied with the procedural fairness requirements, and if it was consistent with the Fair Work Act's objectives.

The Commission examined the evidence and submissions from both parties to ascertain if the agreement was genuinely a single enterprise agreement. It also evaluated whether the agreement was made in accordance with the procedural fairness requirements, ensuring the process was fair and transparent. Additionally, the Commission considered if the agreement was consistent with the objectives of the Fair Work Act, focusing on fair and reasonable terms. The Commission found that the agreement was genuinely a single enterprise agreement, procedural fairness was upheld, and it aligned with the Fair Work Act's objectives.

As a result, the Fair Work Commission approved the Tad-Mar Electrical Pty Ltd Single Enterprise Agreement 2017. The Commission was satisfied that the agreement met all the necessary criteria for approval under the Fair Work Act. The approval of the agreement was subject to the terms and conditions outlined in the agreement, which would now govern the employment relationship between Tad-Mar Electrical Pty Ltd and its employees.

Tad-Mar Electrical Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established