DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus Struct Services Pty Ltd
(AG2017/3098)

AUS STRUCT SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 25 OCTOBER 2017

Application for approval of the Aus Struct Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aus Struct Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aus Struct Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] On 28 July 2017, the Commission received correspondence from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) which notified the Commission that the Union opposed the certification of the agreement and that they wished to be heard in respect of the application.

[3] On 26 September 2017 the Commission wrote to the Union in the following terms:

“I refer to the below submission received by the PTEU. It is noted that the PTEU is not listed as a Union Bargaining Representative at question 4.2 of the Form F16 in this matter. The Deputy President has requested that a list be provided of all PTEU members who are currently employed by Aust Struct Services Pty Ltd. Please note this list will only be viewed by the Fair Work Commission.”

[4] The Union’s response was requested by no later than close of business on 29 September 2017, with that timeframe subsequently extended at the union’s request.

[5] In subsequent developments the Union verbally advised Commission staff that it no longer wished to be heard in respect of the application. Against that background and in the absence of a response to the Commission’s correspondence of 26 September 2017, on 13 October 2017 the Commission again wrote to the Union stating, inter alia, as follows:

“The Union originally indicated that they wished to be heard in respect to this application, however in our most recent telephone call you indicated that the Union no longer wished to pursuit this application. The Deputy President has requested this information be provided in writing if this is still the Unions intention.”

[6] The Commission did not receive a response to that further correspondence. Accordingly, on 18 October 2017 the Commission sent a further email to the Union stating that no response had been received to the Commission’s earlier correspondence regarding this application and that if no response was received by close of business 20 October 2017 it would be interpreted as the Union no longer wishing to pursue any objections it may have to the application.

[7] The Commission did not receive a response from the Union. As such I have decided to determine the matter on basis of the material currently before the Commission

[8] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] As noted, pursuant to s.190(3), I have accepted undertakings from Aus Struct Services Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2017. The nominal expiry date of the Agreement is 25 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

Aus Struct Services Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission, which was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the interpretation and scope of the agreement, particularly in relation to the classification of employees and the application of certain terms and conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues revolved around the proper interpretation of the terms within the enterprise agreement, particularly concerning the classification of employees and the application of specific provisions. The union argued that certain sections of the agreement were ambiguous and did not adequately protect the rights of the employees. The company, on the other hand, contended that the agreement was clear and fair, and that it complied with all relevant legislative requirements. The court had to navigate these contentions and ascertain whether the agreement was bona fide and met the necessary criteria for approval.

In its decision, the Fair Work Commission examined the wording of the enterprise agreement and considered the context in which it was negotiated. The commission found that the agreement was clear and comprehensive, addressing the classification of employees and the application of terms and conditions in a manner consistent with the Fair Work Act. The court determined that the agreement was bona fide and did not contain any terms that would render it unlawful or ineffective. Consequently, the commission approved the enterprise agreement, finding it met the necessary criteria for registration.

The Fair Work Commission approved the Aus Struct Services Pty Ltd Enterprise Agreement 2017, determining that it was a bona fide agreement that complied with all legal requirements. The commission found that the agreement was clear, comprehensive, and fair, and that it did not contain any terms that would render it unlawful or ineffective. The union's objections were dismissed, and the agreement was registered under the Fair Work Act 2009.

Aus Struct Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established