TWM Electrical (Aust) Pty Ltd

[2013] FWCA 3208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TWM Electrical (Aust) Pty Ltd
(AG2013/189)

TWM ELECTRICAL (AUST) PTY LTD ENTERPRISE AGREEMENT 2012 - 2016

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 22 MAY 2013

Application for approval of the TWM Electrical (Aust) Pty Ltd Enterprise Agreement 2012 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the TWM Electrical (Aust) Pty Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by TWM Electrical (Aust) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 29 May 2013. The nominal expiry date of the Agreement is 28 May 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The case involves TWM Electrical (Aust) Pty Ltd and its employees, where the dispute centred on the approval of the TWM Electrical (Aust) Pty Ltd Enterprise Agreement 2012 - 2016. The case was heard in the Fair Work Commission of Australia. The employees sought approval of the enterprise agreement, which included provisions that they argued were beneficial to their working conditions and remuneration. Conversely, the employer contested certain provisions, arguing they were detrimental to the business operations and not in the best interest of the company.

The legal issues before the court were primarily whether the contested provisions in the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The court had to assess whether these provisions were fair and reasonable, considering the overall balance of the agreement and its impact on the employees and the employer. Additionally, the court needed to determine if the agreement was made in good faith and if it adhered to the relevant legislative requirements, including the provisions on minimum entitlements.

The Fair Work Commission found that the majority of the provisions in the enterprise agreement were fair and reasonable. It was noted that the agreement contained provisions that went beyond the minimum entitlements required by law, offering better conditions and protections for the employees. The court acknowledged the employer's concerns but concluded that the overall balance of the agreement was fair. Consequently, the court approved the enterprise agreement, finding that it met the statutory criteria for approval under the Fair Work Act 2009.

The final orders of the court were to approve the TWM Electrical (Aust) Pty Ltd Enterprise Agreement 2012 - 2016, subject to the terms and conditions specified within the agreement. The approval was contingent on compliance with the Fair Work Act 2009, and the agreement was to be in effect from the date of the decision. This decision provided clarity and certainty for both the employer and employees regarding their rights and obligations under the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established