DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Telecommunications Integration Services Pty Ltd T/A Comverge Networks
(AG2015/161)

COMVERGE NETWORKS ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 MARCH 2015

Application for approval of the Comverge Networks Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Comverge Networks Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Telecommunications Integration Services Pty Ltd T/A Comverge Networks. The agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 12 March 2015 and, in accordance with s.54, will operate from 19 March 2015. The nominal expiry date of the Agreement is 11 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Telecommunications Integration Services Pty Ltd, trading as Comverge Networks, for approval of the Comverge Networks Enterprise Agreement 2014 - 2018. The dispute centred around the procedural fairness of the application process, specifically whether the applicant had acted in good faith and followed the necessary procedural steps in seeking the approval of the agreement. The Fair Work Commission was tasked with determining whether the application met the requirements of the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the applicant had acted in good faith and followed the appropriate procedural steps. The applicant argued that it had taken all necessary steps to ensure the agreement was fair and reasonable, while the objector contended that the application was not made in good faith and that there were procedural deficiencies. The Commission needed to examine the evidence presented by both parties to determine the validity of the application.

The Commission found that the applicant had acted in good faith and followed the necessary procedural steps. It held that there was no evidence to suggest that the applicant had acted improperly or failed to follow the required procedures. The Commission was satisfied that the application met the requirements of the Act and that the agreement was fair and reasonable. Consequently, the application for approval of the Comverge Networks Enterprise Agreement 2014 - 2018 was approved. The Commission's decision was based on the applicant's demonstration of good faith and adherence to procedural fairness, ensuring that the agreement was appropriately vetted and approved within the legal framework.

Telecommunications Integration Services Pty Ltd T/A Comverge Networks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established