DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Team Electrical Services Pty Ltd
(AG2020/915)

TEAM ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 23 APRIL 2020

Application for approval of the Team Electrical Services Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Team Electrical Services Pty Ltd 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 Team Electrical Services Pty Ltd. 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 30 April 2020. The nominal expiry date of the Agreement is 22 April 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Team Electrical Services Pty Ltd was the applicant in a matter before the Fair Work Commission, seeking approval of the Team Electrical Services Pty Ltd Enterprise Agreement 2020-2024. The application arose from negotiations between Team Electrical Services Pty Ltd and a trade union, the Electrical Trades Union of Australia (ETUA), which represented a group of employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the statutory requirements for minimum entitlements, and if it had been made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement contained appropriate mechanisms for resolving disputes between the parties.

The Fair Work Commission found that the proposed enterprise agreement did not meet the statutory requirements for minimum entitlements as outlined in the Fair Work Act. The Commission noted that the proposed agreement did not adequately address certain minimum wage rates and leave entitlements for employees. Furthermore, the Commission found that the agreement did not include appropriate mechanisms for resolving disputes between the parties. Consequently, the application for approval of the proposed enterprise agreement was dismissed. The Commission did not grant approval for the Team Electrical Services Pty Ltd Enterprise Agreement 2020-2024.

Team 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