Total Electrical Connection Pty Ltd

[2014] FWCA 5686

FAIR WORK COMMISSION

DECISION

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

Total Electrical Connection Pty Ltd
(AG2014/6573)

TOTAL ELECTRICAL CONNECTION PTY LTD SINGLE ENTERPRISE AGREEMENT NSW 2014-2018

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2014

Application for approval of the Total Electrical Connections Pty Ltd Single Enterprise Agreement NSW 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Total Electrical Connections Pty Ltd Single Enterprise Agreement NSW 2014-2018 (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 Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 14 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Company Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 August 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Total Electrical Connection Pty Ltd recently had its application for approval of the Total Electrical Connections Pty Ltd Single Enterprise Agreement NSW 2014-2018 heard by the Fair Work Commission. The applicant, Total Electrical Connection Pty Ltd, sought to have the agreement approved as a single enterprise agreement under section 227 of the Fair Work Act 2009. The dispute arose from disagreements between the company and its employees represented by a union, concerning various terms and conditions of employment within the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, specifically whether it was a single enterprise agreement and whether it was certified as having been made in good faith and without coercion. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions and whether it complied with the relevant provisions of the Act. Additionally, the Commission needed to examine if the agreement was made in accordance with the prescribed process and whether it met the threshold of having 10 or more employees.

In reaching its decision, the Fair Work Commission assessed the evidence presented by both parties and considered the provisions of the Fair Work Act. The Commission determined that the agreement was a single enterprise agreement as it was made between Total Electrical Connection Pty Ltd and its employees. It found that the agreement was certified as having been made in good faith and without coercion. Furthermore, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and it complied with the relevant provisions of the Act. The Commission also concluded that the agreement was made in accordance with the prescribed process and met the threshold of having 10 or more employees.

As a result of its findings, the Fair Work Commission approved the Total Electrical Connections Pty Ltd Single Enterprise Agreement NSW 2014-2018. The agreement was registered, and the Commission issued a certificate of registration, confirming its validity as a single enterprise agreement. The approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Total Electrical Connection Pty Ltd and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established