DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6013)

AMRICK CONTRACT SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JULY 2021

Application for approval of the Amrick Contract Services Pty Ltd Enterprise Bargaining Agreement 2019-2022.

[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 Amrick Contract Services Pty Ltd Enterprise Bargaining Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] 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. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 19 July 2021 and, in accordance with s 54, will operate from 26 July 2021. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the Enterprise Bargaining Agreement (EBA) between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Amrick Contract Services Pty Ltd, covering the period from 2019 to 2022. The application was made in accordance with the Fair Work Act 2009, seeking formal endorsement of the agreement by the Fair Work Commission. The legal issues at hand were primarily centred on whether the agreement met the requirements for approval under the Act and whether it complied with the relevant provisions designed to protect the interests of both employees and employers.

The court was tasked with examining several key aspects of the agreement, including its coverage, the bargaining process, and whether the agreement satisfied the 'better off overall test'. This test ensures that the terms and conditions of the agreement are no less favourable to the employees than the applicable award or safety net minimum terms. Additionally, the court assessed whether the agreement appropriately addressed issues such as wages, conditions, dispute resolution mechanisms, and the process for future bargaining. The primary concern was ensuring that the agreement provided a fair and balanced outcome for all parties involved.

After thorough examination of the agreement and the submissions presented, the court found that the EBA met all the necessary criteria for approval. The agreement was deemed to cover a defined group of employees and was the product of genuine collective bargaining. The court was satisfied that the terms and conditions provided in the EBA were not less favourable than those under the relevant award or safety net provisions. Furthermore, the agreement contained adequate provisions for wage increases, working conditions, and a structured process for future bargaining. As a result, the court approved the agreement, finding that it was in accordance with the legislative requirements and served the interests of both employees and employers. The final orders included the formal endorsement of the Amrick Contract Services Pty Ltd Enterprise Bargaining Agreement 2019-2022 by the Fair Work Commission.

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