DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Electrical Connection Pty Ltd
(AG2015/575)

TOTAL ELECTRICAL CONNECTION PTY LTD SINGLE ENTERPRISE AGREEMENT VIC 2015-2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 MAY 2015

Application for approval of the Total Electrical Connection Pty Ltd Single Enterprise Agreement VIC 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Total Electrical Connection Pty Ltd Single Enterprise Agreement VIC 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Electrical Connection 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, 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 1 May 2015 and, in accordance with s.54, will operate from 8 May 2015. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Total Electrical Connection Pty Ltd applied to the Fair Work Commission for approval of their Single Enterprise Agreement for the period 2015-2019. The application was made under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the statutory requirements for registration and approval. The application was opposed by the Electrical Trades Union of Australia, who raised concerns about the terms of the agreement, particularly regarding the classification of employees and the inclusion of certain clauses.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it contained only permissible provisions, and whether it complied with the procedural requirements for registration. The Commission considered the definition of an enterprise agreement, the permissible content of such agreements, and the requirements for approval under the Fair Work Act. The Commission also examined the classification of employees, the effect of the agreement on existing industrial awards, and the process by which the agreement was negotiated and agreed upon.

The Commission found that the agreement was a genuine enterprise agreement that contained only permissible provisions. The Commission considered that the agreement complied with the procedural requirements for registration and was in accordance with the relevant provisions of the Fair Work Act. The Commission determined that the agreement was fair and reasonable, and approved the application for registration. The Electrical Trades Union of Australia's concerns about the classification of employees and certain clauses in the agreement were addressed by the Commission, who found that the agreement was fair and reasonable in all respects.

The Commission approved the application for registration of the Total Electrical Connection Pty Ltd Single Enterprise Agreement for the period 2015-2019. The agreement is now registered and in effect, and the terms and conditions set out in the agreement apply to the employees covered by the agreement. The Electrical Trades Union of Australia's objections to the agreement were dismissed by the Commission, who found that the agreement was fair and reasonable and met all the statutory requirements for registration.

Total Electrical Connection 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