DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4187)

MECSYS CONTRACTING PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2021

Application for approval of the Mecsys Contracting Pty Ltd and ETU Greenfields 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 a greenfields agreement known as the Mecsys Contracting Pty Ltd and ETU Greenfields Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] The Agreement meets the requirements of s 172(2)(b) of the Act and I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application has been met. In accordance with s 187(5)(a), I am satisfied that 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. I am also satisfied that it is in the public interest to approve the 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. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with CEPU and that the Agreement covers this organisation.

[3] 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an Australian registered organisation, applied for the approval of the Mecsys Contracting Pty Ltd and ETU Greenfields Agreement 2018-2021. The applicant union argued that the agreement contained appropriate minimum terms of employment and that its provisions were not contrary to the public interest. The respondent, the Australian Government Department of Education and Training, opposed the approval of the agreement on the grounds that it contained provisions which were contrary to the public interest.

The legal issue before the Commission was whether the agreement contained provisions that were contrary to the public interest. The Commission considered the nature and effect of the provisions in question and whether they had the potential to undermine the public interest. The Commission also considered the public interest factors set out in section 235A of the Fair Work Act 2009, including the need to maintain and enhance industrial harmony, productivity, and economic efficiency.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement did not contain provisions that were contrary to the public interest. The Commission noted that the agreement contained appropriate minimum terms of employment and that its provisions were not likely to have a significant adverse effect on the public interest. The Commission also found that the agreement did not undermine the public interest factors set out in the Fair Work Act.

Accordingly, the Commission approved the agreement as a safety net agreement. The parties were directed to give each other at least 14 days' written notice of any proposed changes to the agreement, and to endeavour in good faith to reach agreement on any proposed changes. The Commission also directed that the agreement be published on the Fair Work Commission's website.

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