DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyrone Electrical Services Pty Ltd
(AG2015/6891)

TYRONE ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Tyrone Electrical Services Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tyrone Electrical Services Pty Ltd Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyrone Electrical Services Pty Ltd. 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 23 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tyrone Electrical Services Pty Ltd was the subject of an application for the approval of the 2015 Single Enterprise Agreement. The applicant was the company itself, while the respondents included the Electrical Trades Union of Australia and various employees. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter, tasked with determining if the agreement complied with the relevant statutory provisions. The key legal issues revolved around whether the agreement was genuinely a single enterprise agreement, whether it contained mandatory terms, and if it was made in good faith and without coercion. The court examined the negotiation process and the content of the agreement to ensure it met the requirements for approval.

The Fair Work Commission deliberated on the nature of the agreement, confirming that it was genuinely a single enterprise agreement and that it contained the mandatory terms as stipulated by the Act. The Commission also considered the process by which the agreement was negotiated and concluded that it was done in good faith and without coercion. The Commission found that the agreement satisfied the criteria for approval under the Fair Work Act 2009. Therefore, the application for approval was successful.

Consequently, the Fair Work Commission approved the Single Enterprise Agreement 2015 between Tyrone Electrical Services Pty Ltd, the Electrical Trades Union of Australia, and the employees. The approval signified that the agreement met all statutory requirements and was fit for enforcement. The decision was made on the basis that the agreement was fairly negotiated and contained all necessary terms. The Commission's approval would now allow the agreement to be implemented, providing a framework for the employment relationship between the parties.

Tyrone Electrical Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established