DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Terry's Electrical Services Pty Ltd
(AG2020/3084)

TERRY'S ELECTRICAL SERVICES MECHANICAL ELECTRICAL ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 18 NOVEMBER 2020

Application for approval of the Terry's Electrical Services Mechanical Electrical Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Terry’s Electrical Services Mechanical Electrical Enterprise Agreement 2020 (‘the Agreement’). The application was made by Terry’s Electrical Services Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 17 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Fair Work Commission, Terry's Electrical Services Pty Ltd applied for approval of the Mechanical Electrical Enterprise Agreement 2020. The applicant, a small electrical contracting company, sought to finalise a new enterprise agreement with its employees who are classified as electrical and mechanical trade assistants. The dispute centred on the terms and conditions that the agreement proposed, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission included whether the proposed agreement complied with the Fair Work Act 2009 and the requirements for a 'better off overall test' (BOOT). The Commission had to consider whether the agreement provided employees with conditions at least as good as those in their previous award or enterprise agreement and whether it met the criteria for a 'simple' agreement, which does not require a vote by employees.

In delivering its decision, the Commission noted that the agreement met the BOOT requirements and provided employees with improved conditions compared to their previous award. The agreement included provisions for fair wages, reasonable hours of work, and provisions for leave and other benefits. The Commission found that the agreement was straightforward and met the criteria for a simple agreement, thus not requiring a vote by employees. Consequently, the Commission approved the Mechanical Electrical Enterprise Agreement 2020.

The Fair Work Commission approved the Mechanical Electrical Enterprise Agreement 2020, which will now govern the employment conditions of electrical and mechanical trade assistants employed by Terry's Electrical Services Pty Ltd.

Terry's Electrical Services 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