DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TEC Services Group Pty Ltd T/A Total Electrical Communication Services
(AG2019/3989)

TEC SERVICES GROUP PTY LTD ENTERPRISE AGREEMENT 2019-2023

Clerical industry
COMMISSIONER WILLIAMS	PERTH, 2 DECEMBER 2019

Application for approval of the TEC Services Group Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the TEC Services Group Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TEC Services Group Pty Ltd T/A Total Electrical Communication 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2019. The nominal expiry date of the Agreement is 1 December 2023.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, TEC Services Group Pty Ltd, trading as Total Electrical Communication Services, sought approval of an enterprise agreement that it had negotiated with the Electrical Trades Union of Australia and the Communications Electrical and Plumbing Union of Australia. The applicant operates in the electrical and telecommunications contracting industry, employing approximately 150 employees across various states in Australia. The enterprise agreement, which covers the period from 2019 to 2023, sought to regulate terms and conditions of employment for the employees covered by the agreement.

The primary legal issues before the Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT). The applicant argued that the agreement was fair and reasonable, and it met the BOOT. The unions supported the applicant's position, asserting that the proposed agreement was in the best interests of the employees. The Commission had to examine whether the agreement contained all the mandated terms, was free from prohibited content, and provided employees with a minimum rate of pay and conditions that were no less favourable than the applicable award or safety net.

The Commission found that the enterprise agreement complied with all the statutory requirements under the Fair Work Act. It noted that the agreement contained all the mandated terms, was free from prohibited content, and provided employees with a minimum rate of pay and conditions that were no less favourable than the applicable award or safety net. Additionally, the Commission was satisfied that the agreement met the BOOT, as employees would be better off overall with the proposed terms and conditions compared to their current situation. The Commission approved the enterprise agreement, emphasising the importance of fair and reasonable terms of employment that balanced the interests of both employers and employees.

The Fair Work Commission approved the TEC Services Group Pty Ltd Enterprise Agreement 2019-2023, effective from 1 April 2019. The Commission's decision was based on its finding that the agreement complied with all the statutory requirements under the Fair Work Act and met the better off overall test. The approval of the enterprise agreement ensures that employees of the applicant will receive fair and reasonable terms and conditions of employment for the duration of the agreement.

TEC Services Group Pty Ltd T/A Total Electrical Communication Services

DECISION

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