Total Electrical Connection Pty Ltd

[2014] FWCA 1143

FAIR WORK COMMISSION

DECISION

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

Total Electrical Connection Pty Ltd
(AG2014/266)

TOTAL ELECTRICAL CONNECTION PTY LTD ENTERPRISE AGREEMENT SA - 2014/2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 FEBRUARY 2014

Application for approval of the Total Electrical Connection Pty Ltd Enterprise Agreement SA - 2014/2016.

[1] An application has been made for approval of an enterprise agreement known as the Total Electrical Connection Pty Ltd Enterprise Agreement SA - 2014/2016 (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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2014. The nominal expiry date of the Agreement is 25 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Electrical Connection Pty Ltd, represented by its directors, brought an application before the Fair Work Commission seeking approval of the Total Electrical Connection Pty Ltd Enterprise Agreement SA - 2014/2016. The agreement in question was intended to govern the employment terms and conditions for employees within the company. The application was opposed by the Electrical Trades Union of Australia, who raised concerns regarding the agreement's fairness and compliance with statutory requirements. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement was consistent with the provisions of the Fair Work Act and whether it met the requirements for approval. This included assessing if the agreement provided for minimum terms and conditions, whether it was made in good faith, and if it facilitated a productive workplace relationship. The Commission also had to consider the objections raised by the union and the submissions made by the applicant.

In deliberating on the matter, the Commission carefully reviewed the provisions of the agreement and the objections raised by the union. The Commission found that the agreement, while generally fair, contained some clauses that did not meet the standards prescribed by the Fair Work Act. However, the Commission also noted the applicant's efforts to address these issues and the overall intent behind the agreement. The Commission concluded that, with certain modifications, the agreement could be approved in the interest of achieving a productive workplace relationship and ensuring compliance with the Act.

The Fair Work Commission approved the Total Electrical Connection Pty Ltd Enterprise Agreement SA - 2014/2016, subject to specific amendments. The Commission directed that the agreement be modified to address the concerns raised by the union and to ensure full compliance with the Fair Work Act. The modifications included changes to specific terms and conditions, as well as the addition of certain provisions to safeguard the interests of the employees. The decision was made to facilitate a fair and productive employment relationship within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established