DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Electrical Connection Pty Ltd T/A TEC
(AG2018/520)

TOTAL ELECTRICAL CONNECTION PTY LTD ENTERPRISE AGREEMENT QLD- 2018-2022

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 1 JUNE 2018

Application for approval of the Total Electrical Connection Pty Ltd Enterprise Agreement QLD- 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Total Electrical Connection Pty Ltd Enterprise Agreement QLD- 2018-2022 (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 T/A TEC. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Total Electrical Connection Pty Ltd, trading as TEC, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was about the approval of an enterprise agreement between the employer and the union, which was meant to govern the employment conditions of the union's members. The court responsible for the decision was the Fair Work Commission (FWC), an Australian government body established under the Fair Work Act 2009.

The legal issues the court had to address included whether the enterprise agreement complied with the Fair Work Act, and whether the agreement had been made in good faith and without coercion. The CFMEU argued that the agreement did not meet the statutory requirements, claiming that it was not made in good faith and that it included provisions that were not beneficial to the employees. The employer, on the other hand, argued that the agreement was made in good faith and that it was fair and reasonable.

The FWC determined that the enterprise agreement was made in good faith and without coercion, and that it complied with the statutory requirements. The FWC found that the employer had acted reasonably and in good faith in negotiating the agreement and that the agreement contained provisions that were fair and reasonable. The FWC also found that the agreement met the statutory requirements for approval under the Fair Work Act. As a result, the FWC approved the enterprise agreement.

Total Electrical Connection Pty Ltd T/A TEC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established