DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cable Installing Solutions Pty Ltd
(AG2020/622)

CABLE INSTALLING SOLUTION PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 20 MARCH 2020

Application for approval of the Cable Installing Solution Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cable Installing Solution Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cable Installing Solutions 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.

[3] 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.

[4] 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 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cable Installing Solutions Pty Ltd applied to the Fair Work Commission for approval of the Cable Installing Solutions Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The respondents were the Electrical Trades Union (Sydney) and ETU Sydney Construction Division. The matter was heard by Commissioner G Richardson. The primary issue for the Commission was whether the agreement satisfied the requirements of section 231 of the Fair Work Act 2009, including whether it provided for a fair and efficient method of determining wages and other conditions of employment, and whether it was consistent with the national system of industrial determination.

The Commission found that the agreement did meet the legislative requirements. It provided for the establishment of a wage progression system, a dispute resolution process, and included provisions for shift differentials, penalty rates, and annual leave. The Commission noted the parties had made a genuine attempt to reach an agreement and that the agreement was consistent with the national system of industrial determination. The Commission was satisfied that the agreement provided for a fair and efficient method of determining wages and other conditions of employment. The application for approval of the enterprise agreement was accordingly approved.

The Commission made an order approving the Cable Installing Solutions Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The order also included a provision that the agreement be registered by the Registrar of the Fair Work Commission.

Cable Installing Solutions 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