Tony Pollard Electrics Pty Ltd T/A Transelect Summary

[2014] FWCA 3887

FAIR WORK COMMISSION

DECISION

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

Tony Pollard Electrics Pty Ltd T/A Transelect
(AG2014/6316)

TRANSELECT SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 JUNE 2014

Application for approval of the Transelect Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transelect Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 19 June 2014. The nominal expiry date of the Agreement is14 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Tony Pollard Electrics Pty Ltd trading as Transelect, the Fair Work Commission was called upon to decide on the approval of the Transelect Single Enterprise Agreement 2014. The applicants, Tony Pollard Electrics, sought the Commission's endorsement of the proposed agreement which aimed to regulate the employment terms and conditions of their employees. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the standards for a single enterprise agreement under the Fair Work Regulations 2009.

The primary legal issues that the Commission had to address included whether the agreement provided for minimum terms and conditions that were no less favourable than those set out in the relevant award, and if it met the criteria for being a single enterprise agreement. Additionally, the Commission examined if the agreement allowed for proper employee representation and if it adhered to the procedural requirements set out in the legislation. It was also necessary to determine whether the agreement provided for adequate minimum wage rates and other entitlements.

In reaching its decision, the Commission thoroughly reviewed the proposed agreement and the submissions made by the parties. The Commission found that the agreement was consistent with the statutory minimum terms and conditions, ensuring that employees were not disadvantaged compared to the applicable award. Furthermore, the Commission confirmed that the agreement contained the necessary provisions for employee representation and was procedurally sound. After careful consideration, the Commission approved the Transelect Single Enterprise Agreement 2014, finding it to be fair and balanced.

The Fair Work Commission approved the Transelect Single Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the employees in accordance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

Tony Pollard Electrics Pty Ltd T/A Transelect

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established