DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Electrical Connection Pty Ltd T/A TEC
(AG2018/5406)

TOTAL ELECTRICAL CONNECTION PTY LIMITED SINGLE ENTERPRISE AGREEMENT NSW 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Total Electrical Connection Pty Limited Single Enterprise Agreement NSW 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Total Electrical Connection Pty Limited Single Enterprise Agreement NSW 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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Total Electrical Connection Pty Ltd T/A TEC is the applicant in this matter before the Fair Work Commission. The dispute pertains to the approval of a single enterprise agreement, specifically the Total Electrical Connection Pty Limited Single Enterprise Agreement NSW 2018-2022. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement had been made in accordance with the mandatory requirements of the Act, and whether it contained the minimum terms and conditions as stipulated by the Act. This involved examining if the agreement was genuinely negotiated between the employer and the employees, and if it was free from any improper influence or coercion. Additionally, the Commission needed to ensure that the agreement did not have an adverse effect on employees' job security or working conditions.

In reaching its decision, the Commission considered the evidence presented and found that the agreement had been made in good faith and without any improper influence or coercion. The Commission determined that the agreement was fairly negotiated and met all the necessary requirements under the Fair Work Act. The Commission concluded that the agreement did not have an adverse effect on employees' job security or working conditions, and thus approved the Total Electrical Connection Pty Limited Single Enterprise Agreement NSW 2018-2022. The Commission's decision was based on the evidence provided, and it was satisfied that the agreement was in the best interests of the employees and the employer. The approval of the agreement ensures that the terms and conditions of employment are fair and reasonable, and it provides a framework for the relationship between the employer and the employees.

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