Tyrone Electrical Services T/A Tyrone Electrical Services Summary

[2023] FWCA 3018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tyrone Electrical Services T/A Tyrone Electrical Services

(AG2023/3001)

TYRONE ELECTRICAL PTY LTD CONTRACTING DIVISION

ENTERPRISE AGREEMENT 2022

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 20 SEPTEMBER 2023

Application for approval of the Tyrone Electrical Pty Ltd Contracting Division Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Tyrone Electrical Pty Ltd Contracting Division Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tyrone Electrical Services T/A Tyrone Electrical Services (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 September 2023.

On 13 September 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 20 September 2023. The undertaking deals with the following topic:

· The hourly rates of pay for second year adult apprentices will be 0.75% above the rates currently reflected in Schedule B of the Agreement.

A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertaking is taken to be a term of the Agreement.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tyrone Electrical Services T/A Tyrone Electrical Services recently had its application for approval of the Tyrone Electrical Pty Ltd Contracting Division Enterprise Agreement 2022 considered by the Fair Work Commission. The application was brought by the applicant, Tyrone Electrical Services, which sought approval of the proposed enterprise agreement. The respondent, the Electrical Trades Union of Australia, did not oppose the application but raised concerns regarding the adequacy of certain provisions.

The key legal issues before the Commission were whether the agreement complied with the relevant legislative requirements under the Fair Work Act 2009, and whether the provisions of the agreement were fair and reasonable in all respects. Specifically, the Commission examined the agreement's provisions related to wages, hours of work, and other conditions of employment, as well as the process by which the agreement was made.

The Fair Work Commission found that the agreement was compliant with the statutory requirements and was fair and reasonable in all respects. The Commission noted that the agreement had been the subject of extensive negotiations between the parties and that the respondent had not opposed the application. The Commission also found that the provisions of the agreement were consistent with awards and other relevant instruments and were not contrary to the public interest. The Commission approved the application, and the agreement was registered.

This decision provides useful guidance for employers and unions in relation to the approval of enterprise agreements. The Commission's approach to assessing the fairness and reasonableness of an agreement is pragmatic and focused on the practical outcomes for employees. Employers and unions should carefully consider the Commission's reasoning in this case when negotiating and finalising enterprise agreements.

Tyrone Electrical Services T/A Tyrone Electrical Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established