DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6401)

AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT 2021 - 2024

Plumbing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 11 AUGUST 2021

Application for approval of the Axis Maintenance Services Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Axis Maintenance Services Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the date of this approval. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for approval of the Axis Maintenance Services Enterprise Agreement 2021-2024. Axis Maintenance Services is a company providing maintenance and repair services to the telecommunications and energy sectors. The union and the company had negotiated the agreement, which covered wages, hours of work, leave entitlements and other employment conditions for approximately 200 employees. The union sought the Commission's approval of the agreement under section 232 of the Fair Work Act 2009.

The Commission considered whether the agreement met the "better off overall test" under section 232(1)(a) of the Act, which requires that the agreement would provide employees with "a direct financial benefit or a benefit of some other kind that is at least equivalent in value" compared to their existing conditions. The Commission also considered whether the agreement complied with other legal requirements, such as the prohibition on harsh, unjust or unreasonable terms under section 235 of the Act. The company argued that the agreement was in the best interests of the employees, while the union supported the application.

The Commission found that the agreement did meet the better off overall test, as it provided employees with a range of benefits, including wage increases, improved leave entitlements and better access to training and development opportunities. The Commission also found that the agreement complied with the other legal requirements. The Commission approved the agreement, stating that it would provide employees with a fair and reasonable set of employment conditions for the next four years.

The Commission made an order approving the Axis Maintenance Services Enterprise Agreement 2021-2024, with effect from 1 July 2021. The order is binding on the company, the union and all employees covered by the agreement. The agreement will remain in force until 30 June 2025, unless it is terminated earlier in accordance with its provisions.

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

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Legal Principle Established