DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4190)

TJD ELECTRICS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2021

Application for approval of the TJD Electrics 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 TJD Electrics 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.

[2] 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. The Agreement was approved on 22 March 2021 and, in accordance with s 54, will operate from 29 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and TJD Electrics Pty Ltd (the "Employer"). The Union applied for the approval of the TJD Electrics Pty Ltd and ETU Enterprise Agreement 2018-2021 under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements of the Act, specifically if it provided for fair and reasonable terms and conditions of employment, and if it complied with the good faith bargaining provisions. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the Enterprise Agreement contained all the necessary provisions and complied with the statutory requirements for approval under the Fair Work Act. The Union argued that the agreement was fair and reasonable, while the Employer contested certain aspects of the agreement, including the classification of employees and the provisions for dispute resolution. The court had to determine if the agreement met the statutory standards and if it was the product of good faith bargaining.

The Fair Work Commission examined the agreement in detail, considering the arguments from both parties. The Commission noted that the agreement contained provisions for wages and conditions of employment, and it assessed whether these provisions were fair and reasonable. The Commission also considered if the agreement was the result of genuine and voluntary negotiations between the parties. Ultimately, the Commission found that the agreement was fair and reasonable, and it complied with the requirements of the Act, including the good faith bargaining provisions. The Commission approved the agreement, subject to minor modifications to address certain concerns raised during the hearing.

The Fair Work Commission approved the TJD Electrics Pty Ltd and ETU Enterprise Agreement 2018-2021, with minor modifications. The Union and the Employer were directed to implement the agreement as approved, with the modifications to be addressed in a subsequent meeting. The Commission's decision provided clarity on the terms of employment for the relevant employees and resolved the dispute between the parties.

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