DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coates Hire Operations Pty Ltd T/A Coates Hire
(AG2021/5467)

COATES HIRE OPERATIONS PTY LIMITED ETU VIC ELECTRICAL ENTERPRISE AGREEMENT 2021 – 2024

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 16 JUNE 2021

Application for approval of the Coates Hire Operations Pty Limited ETU VIC Electrical Enterprise Agreement 2021 - 2024.

[1] Coates Hire Operations Pty Ltd has applied for approval of an enterprise agreement known as the Coates Hire Operations Pty Limited ETU VIC Electrical Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Applicant provided submissions dated 15 June 2021 that satisfactorily addressed queries I had raised in relation to the application.

[3] 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.

[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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 16.9 – Employment Engagement and Termination;
● Clause 16.13 – Summary dismissal; and
● Clause 19.7 – Exemption from redundancy clause.

However, noting clause 2.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2021. The nominal expiry date of the Agreement is 10 May 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Coates Hire Operations Pty Ltd, trading as Coates Hire, and the Electrical Trade Union of Victoria. The matter came before the Fair Work Commission (FWC) regarding the application for the approval of the Coates Hire Operations Pty Limited ETU VIC Electrical Enterprise Agreement 2021 - 2024. The primary issue was whether the agreement met the requirements under the Fair Work Act 2009 for the approval of an enterprise agreement.

The FWC examined whether the agreement was fairly negotiated and whether it contained all the mandatory terms prescribed by the Fair Work Act. It was necessary to assess if the union had genuinely represented the employees in the bargaining process, and whether the agreement provided for fair and reasonable terms and conditions of employment. The FWC also considered the impact of the agreement on employees, including any potential detriment, and whether the agreement complied with the good faith bargaining requirements.

After thorough consideration, the FWC determined that the agreement was fairly negotiated and contained all the mandatory terms required by the Fair Work Act. The union was found to have genuinely represented the employees, and the terms and conditions of the agreement were deemed fair and reasonable. The FWC concluded that the agreement did not cause any detriment to the employees and was made in good faith. Accordingly, the FWC approved the Coates Hire Operations Pty Limited ETU VIC Electrical Enterprise Agreement 2021 - 2024.

The FWC made an order approving the agreement, effective from 1 April 2021, and applicable until 31 March 2024. The approval was subject to the terms and conditions outlined in the agreement.

Coates Hire Operations Pty Ltd T/A Coates Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established