Total Electrical Connection Pty Ltd Summary

[2013] FWCA 5436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Electrical Connection Pty Ltd
(AG2013/1896)

TOTAL ELECTRICAL CONNECTION PTY LTD ENTERPRISE AGREEMENT QLD-2013/2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 7 AUGUST 2013

Application for approval of the Total Electrical Connection Pty Ltd Enterprise Agreement QLD-2013/2016.

[1] An application has been made for approval of an enterprise agreement known as the Total Electrical Connection Pty Ltd Enterprise Agreement QLD-2013/2016 (“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 Employer). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

14 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Electrical Connection Pty Ltd applied for approval of the Total Electrical Connection Pty Ltd Enterprise Agreement QLD-2013/2016. The application was heard by the Fair Work Commission, which is tasked with regulating workplace relations under the Fair Work Act 2009. The application was opposed by the Electrical Trades Union of Australia, which represented a number of employees of the company.

The central issue before the Commission was whether the proposed agreement met the requirements of section 230 of the Fair Work Act. This section requires the Commission to consider whether the agreement is a "better off overall test" (BOOT) agreement. The BOOT requires that the terms of the agreement be at least as good as the relevant award or other industrial instrument, or that any terms that are less favourable are justified by a genuine workplace change.

In delivering its decision, the Commission found that the proposed agreement met the BOOT. The Commission noted that the agreement contained a number of terms that were more favourable than those in the relevant award, including higher rates of pay and improved leave entitlements. The Commission also found that any terms that were less favourable than the award were justified by genuine workplace changes, such as the introduction of a flexible work arrangements policy.

Accordingly, the Commission approved the Total Electrical Connection Pty Ltd Enterprise Agreement QLD-2013/2016. The agreement will now be registered and will apply to the relevant employees from the date of registration.

Total Electrical Connection Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established