DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4283)

DATAVOICE ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2021

Application for approval of the Datavoice Electrical Services 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 Datavoice Electrical Services 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. 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. 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[2] The Agreement was approved on 23 March 2021 and, in accordance with s 54, will operate from 30 March 2021. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Datavoice Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021. The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the employer's representative, on behalf of the employees. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved determining whether the proposed agreement was a lawful enterprise agreement, whether it had been made in good faith, and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the court had to consider whether the agreement had been fairly negotiated and if it complied with the procedural fairness requirements.

The court examined the submissions and evidence presented by the parties, assessing the agreement against the statutory criteria. It found that the proposed agreement was compliant with the requirements of the Fair Work Act, having been made in good faith and negotiated fairly. The agreement also included all the necessary minimum terms and conditions. Therefore, the court approved the Datavoice Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021.

The final orders of the court included the approval of the enterprise agreement, which would now be binding on the parties for the specified period. The court's decision was made in accordance with the legal principles governing enterprise agreements under Australian labour law.

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