The trustee for Tkatchyk Family Trust T/A Selective Switchboards Pty Ltd

[2023] FWCA 2436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The trustee for Tkatchyk Family Trust T/A Selective Switchboards Pty Ltd

(AG2023/2463)

SELECTIVE SWITCHBOARDS PTY LTD ENTERPRISE AGREEMENT 2023-2027

Electrical contracting industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 4 AUGUST 2023

Application for approval of the Selective Switchboards Pty Ltd Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Selective Switchboards Pty Ltd Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the trustee for Tkatchyk Family Trust T/A Selective Switchboards Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

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.

The Applicant filed a previous version of the F17 Form in support of this application and not the correct form. I consider it appropriate to waive the irregularity in the form in which the application was made under s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2023. The nominal expiry date of the Agreement is 4 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Selective Switchboards Pty Ltd Enterprise Agreement 2023-2027. The applicant, the trustee for the Tkatchyk Family Trust trading as Selective Switchboards Pty Ltd, sought to have the agreement approved under section 231 of the Fair Work Act 2009. The nature of the dispute was essentially procedural, focusing on the application process and the requirements for the approval of such enterprise agreements.

The legal issues before the court involved the procedural correctness of the application and whether the agreement met the statutory criteria for approval. The key points of contention were whether the agreement had been appropriately negotiated and whether it contained all the mandatory provisions required by the Fair Work Act. Additionally, the court examined whether the agreement provided for the appropriate process to resolve future disputes and whether it complied with the good faith bargaining obligations under the Act.

In delivering the decision, the Commission found that the application was procedurally sound and that the agreement contained all the mandatory provisions required by the Fair Work Act. The Commission also found that the agreement was the product of genuine and meaningful negotiations and that it complied with the good faith bargaining obligations. The Commission was satisfied that the agreement provided for an appropriate process to resolve future disputes and, therefore, approved the Selective Switchboards Pty Ltd Enterprise Agreement 2023-2027.

The final orders of the court approved the agreement, confirming its validity and mandating that it be registered with the Fair Work Commission. This decision ensures that the agreement will be legally binding on the parties and that it will provide a framework for the employment relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established