DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tip-Top Electrical Trust T/A Tip-Top Electrical Services Pty Ltd
(AG2016/7690)

TIP TOP ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 9 FEBRUARY 2017

Application for approval of the Tip Top Electrical Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tip Top Electrical Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tip-Top Electrical Trust T/A Tip-Top Electrical Services Pty Ltd. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 9 February 2017 and, in accordance with s.54, will operate from 16 February 2017. The nominal expiry date of the Agreement is 9 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tip-Top Electrical Trust, trading as Tip-Top Electrical Services Pty Ltd, applied for approval of its 2016 Enterprise Agreement. The Fair Work Commission was asked to assess whether the agreement complied with the Fair Work Act 2009. The dispute centred on whether the agreement sufficiently covered various aspects of employment conditions and was consistent with relevant awards and safety standards.

The primary legal issues involved whether the agreement adequately addressed matters such as hours of work, leave entitlements, classification, wages and allowances, and health and safety provisions. The Commission also needed to determine if the agreement contained any unfair or potentially discriminatory terms. Furthermore, the application required scrutiny of whether the agreement had been genuinely negotiated and if the necessary procedures for its approval had been followed.

The Commission found that the agreement was comprehensive and covered the required aspects of employment conditions, aligning with the relevant awards and safety standards. It concluded that the agreement did not contain any unfair or discriminatory terms. Additionally, there was evidence that the agreement had been genuinely negotiated between the parties and that the required approval procedures had been followed. Therefore, the Commission approved the Tip-Top Electrical Services Pty Ltd Enterprise Agreement 2016.

The Fair Work Commission approved the agreement, emphasising its compliance with the Fair Work Act 2009 and relevant awards. The Commission determined that the agreement was fair, comprehensive, and had been negotiated in good faith. This approval ensures that the terms of employment for employees within the scope of the agreement are legally enforceable and consistent with national employment standards.

Tip-Top Electrical Trust T/A Tip-Top 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