DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thyristors Pty Ltd T/A RANS Electrical Vic
(AG2014/10186)

RANS ELECTRICAL VIC ENTERPRISE AGREEMENT 2014-2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Rans Electrical Vic Enterprise Agreements 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Rans Electrical Vic Enterprise Agreements 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thyristors Pty ltd T/A RANS electrical Vic. 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 9 February 2015 and, in accordance with s.54, will operate from 16 February 2015. The nominal expiry date of the Agreement is 9 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Thyristors Pty Ltd trading as Rans Electrical Vic, applied to the Fair Work Commission for approval of the Rans Electrical Vic Enterprise Agreements 2014-2016. The applicants sought to have the agreements made under section 174 of the Fair Work Act 2009 approved as a low-paid enterprise agreement. The legal issues before the Commission involved determining whether the agreements were fairly made and met the criteria for approval as a low-paid enterprise agreement. The Commission considered whether the agreements contained the minimum terms and conditions prescribed by law, and if the process through which the agreements were made was fair and in compliance with the relevant provisions of the Fair Work Act. The applicants argued that the agreements were fairly made and contained the necessary minimum terms. The Commission found that the agreements were indeed fairly made and met the legal requirements for a low-paid enterprise agreement. The Commission noted that the applicants had demonstrated a good faith effort to negotiate with the employees and their representatives. The agreements were approved as a low-paid enterprise agreement, providing the necessary protections and terms for the employees covered by the agreements. The Fair Work Commission approved the Rans Electrical Vic Enterprise Agreements 2014-2016 as a low-paid enterprise agreement, recognising that they were fairly made and contained the minimum terms and conditions as required by law.

Thyristors Pty Ltd T/A RANS Electrical Vic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established