Baytech Trades Pty Ltd (ACN 147 997 788) v Coinvest Ltd

Baytech Trades Pty Ltd (ACN 147 997 788) v Coinvest Ltd - [2015] VSCA 342 - VSCA 2015 case summary — Zoe

[18]

INCIDENCE, SCOPE AND APPLICATION

5.1 This award shall apply to the provision of electrical services by electrical contractors.

5.2 For the purpose of this clause:

5.2.1 'electrical contractor' means any entity who or which contracts to provide electrical services.

5.2.2 'electrical services' includes:

5.2.2.1 the maintenance of electric power distribution lines and all associated work; and/or

5.2.2.2 the installation of electric light and power, all classes of assembly, wiring, repair and maintenance of electrical installations and appliances including, without in any way limiting the generality of the foregoing, the assembling, installing, diagnosing, servicing and rectifying of faults in any of the following:

5.2.2.2.1 electronic products (eg television receivers, video cassette recorders, audio equipment/systems, home computers, etc) and any combination of these products together with ancillary devices and/or equipment;

5.2.2.2.2 radio and television transmitting devices (including LF, HF, VHF and UHF), CB radios;

5.2.2.2.3 telemetry systems and ancillary equipment;

5.2.2.2.4 multiple access television distribution systems;

5.2.2.2.5 computers and their peripherals;

5.2.2.2.6 microwave and associated equipment;

5.2.2.2.7 electrically operated refrigeration and air conditioning equipment;

5.2.2.2.8 telephone communication devices;

5.2.2.2.9 fibre optic transmission lines and associated equipment;

5.2.2.2.10 public address systems;

5.2.2.2.11 domestic satellite television receivers;

5.2.2.2.12 maritime electronic equipment (including depth sounders, radars, etc.);

5.2.2.2.13 security alarm systems;

5.2.2.2.14 fire alarm systems;

5.2.2.2.15 superconductivity systems and associated equipment;

5.2.2.2.16 electromagnetic devices.

5.3 Providing that the award shall not apply to the manufacturing section of the business of the employers who are manufacturers or vendors of plant or equipment who install or maintain the said plant and equipment in high and low tension power stations and/or substations for the generation and/or transmission of electric power.[2]

[31]

I accept that the work undertaken by the Workers at NHP constitutes the assembly and wiring of various electrical components. Thus each of the workers need to 'assemble' various parts and then 'wire' them together resulting in an electrical switchboard or panel board.

[The Managing Director of Baytech] accepted that the core task performed by the electrical fitters employed by the defendant at NHP was to assemble components and general wiring. [A Director of NHP] also agreed that the services provided involved assembly and wiring of electrical components to form electrical switchboards.

It is true, as [Baytech] highlighted, that the workers did not actually engage in the 'installation' of the switchboards. However, the term 'assembly' is important and suggests a broad concept beyond the actual act of 'installation' (as used in the first line of the definition). Thus, the acts contemplated go beyond the act of 'installing' and extend to 'assembly' and 'wiring'. In fact, an 'assembly of an electrical installation' is actually contemplated by the clause and is to be given some meaning.

The Macquarie Dictionary defines an installation as 'a system of machinery or apparatus placed in position for use' while the Merriam-Webster Dictionary defines it as including 'something (such as a piece of equipment) that is put together and made ready for use'.

Although it is true that the switchboards were not formally placed in position at NHP's premises, they were certainly 'assembled' there according to specifications which would enable them to be installed at a particular premises. Seen in this light, I consider that the workers were engaged in the assembly and wiring of an electrical installation. The reference to 'all classes' and the beneficial construction to be utilised also support such a finding.

Although I consider that 'installation' and 'appliances' are, in context, used disjunctively, I am also of the view that a switchboard can be properly characterised as an 'appliance'. The Macquarie dictionary defines appliances as including an 'instrument, apparatus or device' while the Oxford Dictionaries Online definition includes 'a device or piece of equipment designed to perform a specific task'.

I consider such words are broad enough to include the electrical switchboards which would be incorporated within the terms 'apparatus', and/or 'device or piece of equipment' designed to regulate and distribute electricity'.

Accordingly I am satisfied that the workers were engaged in the assembly and wiring of electrical installations and appliances.

At a glance

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Judgment (137 paragraphs)

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Legislation Cited (2)

Cases Cited (6)