DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Templestowe Electrics Pty Ltd
(AG2019/1571)

TEMPLESTOWE ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JUNE 2019

Application for approval of the Templestowe Electrics Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Templestowe Electrics 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 Templestowe Electrics Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 June 2019 and, in accordance with s.54, will operate from 5 July 2019. The nominal expiry date of the Agreement is 27 June 2023.

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 Templestowe Electrics Pty Ltd for the approval of the Templestowe Electrics Pty Ltd Enterprise Agreement 2019 - 2023. The applicant, an electrical contracting business, sought to finalise a new enterprise agreement with its employees represented by the Electrical Trades Union of Australia. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, including wages, working hours, and other employment-related matters.

The legal issues before the Commission included whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of ensuring the agreement was in the best interests of the employees. The Commission also needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the nature of the business and the industry standards. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission, after thorough consideration of the evidence and submissions from both parties, determined that the proposed enterprise agreement was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the business and industry standards. The Commission was satisfied that the agreement appropriately balanced the interests of both the employer and the employees, and accordingly, approved the Templestowe Electrics Pty Ltd Enterprise Agreement 2019 - 2023. The Commission's decision was based on the conclusion that the agreement met the legal requirements and provided a fair outcome for all parties involved.

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