DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thyristors Pty Ltd T/A RANS Electrical Vic
(AG2020/1473)

THYRISTORS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JUNE 2020

Application for approval of the Thyristors Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] Thyristors Pty Ltd T/A RANS Electrical Vic has made an application for approval of a greenfields agreement known as the Thyristors Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 June 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thyristors Pty Ltd, trading as RANS Electrical Victoria, applied for approval of the Thyristors Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and the relevant industrial instruments. The primary issues for the court to determine were whether the agreement complied with the mandatory provisions of the Fair Work Act and whether it met the "better off overall test" (BOOT).

The Fair Work Commission examined the proposed agreement clause by clause to ensure compliance with the statutory requirements. The court found that the agreement addressed all the mandatory provisions of the Fair Work Act and that it provided for wages and conditions that were at least as favourable as those provided by the applicable award or registered agreement. Furthermore, the court determined that the agreement met the BOOT, as it provided employees with improved conditions and benefits that were better than what they would have received under the existing industrial instruments. The court approved the proposed enterprise agreement, finding it to be fair and reasonable for the purposes of the Fair Work Act. The agreement was subsequently registered, and it will govern the employment conditions of the employees covered by the agreement for the period from 2019 to 2023.

Thyristors Pty Ltd T/A RANS Electrical Vic

DECISION

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Legal Principle Established