DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Electrical Services (Aust) Pty Limited
(AG2020/341)

CITY ELECTRICAL SERVICES (AUST) PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the City Electrical Services (Aust) Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City Electrical Services (Aust) 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 City Electrical Services (Aust) 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] 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 was approved on 21 February 2020 and, in accordance with s.54, will operate from 28 February 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

City Electrical Services (Aust) Pty Limited applied to the Fair Work Commission for the approval of the City Electrical Services (Aust) Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The applicant argued that the proposed enterprise agreement should be approved under the Fair Work Act 2009 as it represented an appropriate mechanism for facilitating a productive workplace relationship. The applicant also submitted that the agreement met the "better off overall test" and was in the best interests of the employees. The Electrical Trades Union of Australia, the respondent, did not object to the application, but sought certain clarifications and amendments to the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved determining if the agreement provided for terms and conditions that were fair and reasonable, and if it was in the best interests of the employees. Additionally, the Commission had to assess if the agreement satisfied the "better off overall test," which required that the overall financial position of employees be no worse off as a result of the agreement.

In assessing the application, the Commission considered the submissions from both parties and evaluated the provisions of the proposed agreement against the statutory criteria. The Commission found that the agreement provided for fair and reasonable terms and conditions, and was in the best interests of the employees. The Commission also determined that the agreement satisfied the "better off overall test," as employees would be no worse off financially as a result of the agreement. Consequently, the Commission approved the City Electrical Services (Aust) Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

The Fair Work Commission approved the City Electrical Services (Aust) Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The approval was subject to certain clarifications and amendments sought by the respondent. The applicant was directed to provide a copy of the approved agreement to the Commission within 14 days of the decision.

City Electrical Services (Aust) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established