DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

C.M.S. Electrical Services Pty Ltd
(AG2019/4584)

"CMS ELECTRICAL SERVICES PTY LTD" SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MARCH 2020

Application for approval of the "CMS Electrical Services Pty Ltd" Single Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the “CMS Electrical Services Pty Ltd” Enterprise Agreement 2019 (‘the Agreement’). The application was made by C.M.S Electrical Services (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 20 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of C.M.S. Electrical Services Pty Ltd, the Fair Work Commission was asked to approve a proposed Single Enterprise Agreement 2019. The applicant, C.M.S. Electrical Services Pty Ltd, sought to have the agreement certified as applicable to its employees, who are members of the Electrical Trades Union of Australia. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether these terms met the requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive fairness requirements under the Act. Procedurally, the Commission needed to determine if the agreement had been made in good faith, without coercion, and whether the process of its formation involved genuine bargaining. Substantively, the agreement had to provide for terms and conditions of employment that were no less favourable than the applicable award or safety net award.

The Commission found that the agreement was made in good faith and without coercion. It was also satisfied that the process involved genuine bargaining, as evidenced by the extensive negotiations and the participation of both parties. On the substantive fairness, the Commission considered the terms and conditions outlined in the agreement and compared them to the relevant award. The proposed agreement provided for terms and conditions that were at least as favourable as the applicable award or safety net award, thereby satisfying the safety net test.

Accordingly, the Commission approved the "C.M.S. Electrical Services Pty Ltd" Single Enterprise Agreement 2019, making it applicable to the employees of C.M.S. Electrical Services Pty Ltd. This decision was based on the finding that the agreement was made in good faith, involved genuine bargaining, and provided for terms and conditions that met the requirements of the Fair Work Act 2009.

C.M.S. Electrical Services 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