Team Electrical Services Pty Ltd Summary

[2024] FWCA 1324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Team Electrical Services Pty Ltd

(AG2024/938)

TEAM ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 12 APRIL 2024

Application for approval of the Team Electrical Services Pty Ltd Enterprise Agreement 2024-2028

Team Electrical Services Pty Ltd (the Employer) has made an application for the approval of the Team Electrical Services Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 19 April 2024. The nominal expiry date of the Agreement is 12 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Team Electrical Services Pty Ltd and its employees, who were seeking approval of the 2024-2028 Enterprise Agreement. The application was heard in the Fair Work Commission. The primary dispute centred around whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The employees argued that the agreement was fair and reasonable, while Team Electrical Services Pty Ltd contended that certain provisions were not in compliance with the law.

The legal issues before the court included the interpretation of the Fair Work Act and its provisions concerning the fairness and reasonableness of the proposed agreement. Additionally, the court had to consider whether the agreement appropriately balanced the rights and obligations of both employers and employees. The court was also required to determine if the agreement included all the necessary minimum entitlements as stipulated by the law.

The Fair Work Commission found that the proposed agreement was fair and reasonable, taking into account all relevant factors, including the economic circumstances, the need for flexibility in the workplace, and the balance of rights and obligations. The court concluded that the agreement complied with the requirements of the Fair Work Act and was in the best interest of the employees and the employer. The court further noted that the agreement did not disadvantage any party and met the minimum entitlements required by law. As a result, the application for approval of the Team Electrical Agreement 2024-2028 was approved.

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