DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airport Data & Electrical Pty Ltd
(AG2017/6041)

AIRPORT DATA AND ELECTRICAL PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Airport Data and Electrical Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Airport Data and Electrical Pty Ltd and ETU Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airport Data & Electrical 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 27 December 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airport Data & Electrical Pty Ltd (ADE) sought approval of a proposed enterprise agreement (EA) with the Electrical Trades Union (ETU) for its employees. The Fair Work Commission (FWC) was the tribunal tasked with making a decision on this matter. The primary dispute centred on whether the EA met the requirements under the Fair Work Act 2009 (FW Act) and the Fair Work (Registered Organisations) Regulations 2010 (FW Regulations). Specifically, the EA's provisions related to penalty rates, allowances, and conditions of employment needed scrutiny to ensure they complied with the legislative framework and were in the best interests of the employees.

The key legal issues addressed by the FWC involved assessing whether the EA was a genuine agreement made between ADE and the ETU, and whether it provided for the proper application of the FW Act and FW Regulations. The FWC also needed to determine if the EA met the "better off overall test" (BOOT) as stipulated in section 186 of the FW Act, ensuring that employees were not worse off financially compared to their previous conditions of employment. Additionally, the FWC examined if all procedural requirements were adhered to during the negotiation and execution of the EA.

Upon reviewing the evidence and submissions from both parties, the FWC concluded that the EA was a genuine agreement, fairly negotiated, and met the requirements of the FW Act and FW Regulations. The FWC found that the EA provided for the proper application of the relevant laws and that employees would be better off overall under the terms of the new agreement. Consequently, the FWC approved the EA, recognising it as a valid and legally binding document that would govern the employment conditions of ADE's employees as per the ETU. This decision ensures that the EA will be implemented, providing clarity and stability in the workplace relations between ADE and its employees represented by the ETU.

Airport Data & Electrical 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