DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6421)

EASY LIVING HOME ELEVATORS VIC PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 AUGUST 2021

Application for approval of the Easy Living Home Elevators VIC Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2021-2024.

[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 Easy Living Home Elevators VIC Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval has been met.

[3] The CEPU and the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on their declarations, I note that the Agreement covers the CEPU and the AMWU.

[4] The Agreement was approved on 19 August 2021 and, in accordance with s 54, will operate from 26 August 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Easy Living Home Elevators VIC Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2021-2024. The application was made by the Electrical Trades Union of Australia, the Australian Manufacturing Workers’ Union, and the Construction, Forestry, Maritime, Mining and Energy Union. The application was opposed by Easy Living Home Elevators VIC Pty Ltd. The dispute centred on whether the proposed enterprise agreement should be approved as a single, multi-union agreement.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, and if it met the “better off overall test” which requires that employees covered by the agreement be no worse off financially than they would be under their existing awards or agreements. The Commission also needed to consider whether the agreement provided for appropriate mechanisms for dispute resolution and if it complied with the good faith bargaining requirements.

The Commission found that the proposed agreement was genuinely negotiated, met the better off overall test, and included appropriate mechanisms for dispute resolution. The Commission determined that the parties had engaged in genuine bargaining and that the agreement provided for adequate protections for employees. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and approved the proposed enterprise agreement. This decision was based on the evidence presented, which demonstrated that the agreement was fair and reasonable, and provided for adequate protections for employees while also meeting the needs of the employer.

The Fair Work Commission approved the Easy Living Home Elevators VIC Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2021-2024. The Commission found that the agreement was genuinely negotiated, met the better off overall test, and provided for appropriate mechanisms for dispute resolution. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and was in the best interests of the employees and the employer. The approval of the agreement ensures that employees in the relevant industry will have a fair and reasonable enterprise agreement that provides for their protection and meets the needs of their employer.

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