DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5227)

MAKO SECURITY PTY LTD AND ETU ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MAY 2021

Application for approval of the Mako Security 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 the Mako Security 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. Subject to these undertakings, 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.

[3] 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), I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 27 May 2021 and, in accordance with s 54, will operate from 3 June 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511637 PR730226>
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 applied for the approval of the Mako Security Pty Ltd and ETU Enterprise Agreement 2018 - 2021. The agreement, which was made under section 225 of the Fair Work Act 2009, covered employees of Mako Security Pty Ltd who were members of the union. The union argued that the agreement was in the public interest and met the requirements for approval under the Act.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it was in the public interest. The union argued that the agreement was genuine and had been made in good faith, and that it was in the public interest because it provided for fair and reasonable terms and conditions of employment. The employer, on the other hand, argued that the agreement was not genuine and that it was not in the public interest because it contained provisions that were contrary to the public interest.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was a genuine enterprise agreement and that it was in the public interest. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the provisions of the agreement that were contrary to the public interest were not significant enough to outweigh the overall benefits of the agreement.

The Commission approved the Mako Security Pty Ltd and ETU Enterprise Agreement 2018 - 2021. The employer was ordered to give the union a copy of the approved agreement and to take all necessary steps to bring the agreement into effect. The union was also ordered to give the employer a copy of the approved agreement and to take all necessary steps to ensure that its members were aware of the terms and conditions of the agreement.

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