DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Templestowe Electrics Pty Ltd
(AG2014/8293)

TEMPLESTOWE ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 JANUARY 2015

Application for approval of the Templestowe Electrics Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Templestowe Electrics Pty Ltd 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 Templestowe Electrics Pty Ltd. 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 29 January 2015 and, in accordance with s.54, will operate from 5 February 2015. The nominal expiry date of the Agreement is 28 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Templestowe Electrics Pty Ltd sought approval for the Enterprise Agreement 2014-2018. The respondent, the Electrical Trades Union of Australia, contested the application on various grounds, primarily regarding the terms and conditions outlined in the proposed agreement. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act, particularly concerning the appropriate process for its approval and the adherence to the "better off overall test" for the employees involved. Additionally, the Commission had to consider whether the agreement's provisions met the standards of procedural fairness and whether there was sufficient evidence of genuine agreement between the employer and the employees.

The Fair Work Commission, after examining the application and the submissions from both parties, concluded that the proposed agreement did not fully comply with the statutory requirements for approval. The Commission found that there were procedural deficiencies in the manner in which the agreement was negotiated and that the process did not meet the standards of procedural fairness. Furthermore, the Commission determined that the better off overall test was not satisfied, as the proposed terms and conditions did not provide a sufficient improvement for the employees compared to their existing entitlements. Consequently, the application for approval was dismissed. The Commission emphasised the importance of adhering to the prescribed processes and ensuring genuine agreement between the parties in the negotiation of enterprise agreements.

Templestowe Electrics 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