DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balec Pty Ltd
(AG2015/7566)

BALEC PTY LTD AND ETU (CEPU ELECTRICAL DIVISION) ESSO ONSHORE SITES MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Balec Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Balec Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services 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 Balec Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 14 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Balec Pty Ltd, an Australian engineering and maintenance company, was involved in a dispute with the Electrical Trades Union (CEPU Electrical Division) over the approval of the Balec Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015. The matter was brought before the Fair Work Commission. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions.

The Commission carefully examined the terms and conditions set out in the agreement, focusing on whether they were fair and reasonable in all respects. It considered the bargaining power of the parties, the nature of the industry, and the overall economic context. The Commission concluded that the agreement, while not perfect, did not contain terms that were unfair or unreasonable. It found that the agreement provided for fair and reasonable terms and conditions, taking into account the context and the need for a balance between the rights and obligations of both parties. Consequently, the Commission approved the agreement.

The Fair Work Commission's decision was grounded in a comprehensive analysis of the agreement's terms, the bargaining process, and the broader economic and industrial context. The Commission's approval of the enterprise agreement signifies its view that the agreement was a fair and reasonable outcome, reflecting the Commission's commitment to facilitating balanced and just industrial relations outcomes. The final orders of the Commission were that the Balec Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015 be approved as a registered agreement.

Balec Pty Ltd

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established