Team Electrical Services Pty Ltd Summary

[2016] FWCA 1450

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Team Electrical Services Pty Ltd T/A Team Electrical Services
(AG2016/2264)
TEAM ELECTRICAL SERVICES PTY LTD ENTERPRISE
AGREEMENT 2016-2020.
Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2016

Application for approval of the Team Electrical Services Pty Ltd Enterprise Agreement 2016-

2020.

[1] An application has been made for approval of an enterprise agreement known as the

Team Electrical Services Pty Ltd Enterprise Agreement 2016-2020 (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 T/A Team Electrical Services. 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. 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.
[2016] FWCA 1450

[3] The Agreement was approved on 7 March 2016 and, in accordance with s.54, will

operate from 14 March 2016. The nominal expiry date of the Agreement is 7 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418113 PR577726

CaseChat Overview and Summary

Team Electrical Services Pty Ltd applied for the approval of their enterprise agreement, which is set to cover the years 2016 to 2020. The Fair Work Commission was tasked with evaluating the application under section 185 of the Fair Work Act 2009. The agreement, titled the Team Electrical Services Pty Ltd Enterprise Agreement 2016-2020, was proposed by Team Electrical Services Pty Ltd trading as Team Electrical Services. This agreement is a single enterprise agreement for the electrical contracting industry. The Commission was required to determine whether the application met the statutory requirements for approval, specifically under sections 186, 187, and 188 of the Fair Work Act.

The primary legal issues for the Commission were whether the enterprise agreement met the statutory criteria for approval, including whether it was fairly chosen and whether it covered a group of employees. The Commission found that the agreement did not cover all employees but was satisfied, considering the factors in section 186(3) and (3A), that the group of employees included in the agreement was fairly chosen. The Commission also noted that all necessary procedural requirements for approval were satisfied.

Following its review, the Commission determined that the Team Electrical Services Pty Ltd Enterprise Agreement 2016-2020 met the statutory requirements for approval under the Fair Work Act. The agreement was approved by the Commission on 7 March 2016 and will commence on 14 March 2016. The nominal expiry date of the agreement is set for 7 March 2020. The Commission’s decision was based on the satisfactory fulfillment of the statutory criteria, including the fair selection of the employee group and the procedural correctness of the application.

Team 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