DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6892)

DI PETTA DISCRETIONARY TRUST TRADING AS OTR ELECTRICS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 SEPTEMBER 2021

Application for approval of the Di Petta Discretionary Trust Trading as OTR Electrics Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Di Petta Discretionary Trust Trading as OTR Electrics Pty Ltd and ETU Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The CEPU, 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) and based on its declaration, I note that the Agreement covers the CEPU.

[5] The Agreement was approved on 15 September 2021 and, in accordance with s 54, will operate from 22 September 2021. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513100 PR733826>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the ETU Enterprise Agreement 2018-2021. The application was made by the union on behalf of the Di Petta Discretionary Trust Trading as OTR Electrics Pty Ltd. The dispute centred around the terms and conditions of employment under the proposed enterprise agreement.

The legal issues that the Commission had to address included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the fair and reasonable standards of the agreement. The Commission needed to ensure that the agreement was free from any unlawful content and that it provided for the fair and reasonable terms and conditions of employment for the relevant employees. Additionally, the Commission examined whether the agreement was made in good faith and whether it was appropriately certified by the Australian Building and Construction Commission.

The Commission concluded that the agreement was fair and reasonable and complied with the necessary legislative requirements. The agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission also found that the agreement was made in good faith and was appropriately certified by the Australian Building and Construction Commission. Consequently, the Commission approved the ETU Enterprise Agreement 2018-2021 for the Di Petta Discretionary Trust Trading as OTR Electrics Pty Ltd.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established