DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3435)

PROGRESS FIRE SOLUTIONS AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 NOVEMBER 2020

Application for approval of the Progress Fire Solutions and ETU Enterprise Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the Progress Fire Solutions 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 the undertakings 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 the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement was approved on 25 November 2020 and, in accordance with s 54, will operate from 2 December 2020. 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 union and Progress Fire Solutions were involved in a dispute regarding the approval of an enterprise agreement. The case was heard in the Fair Work Commission. The union sought approval for the agreement, while Progress Fire Solutions raised objections to certain provisions. The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if any provisions were contrary to public policy.

The Commission considered the submissions from both parties and examined the agreement's provisions. It found that the agreement substantially complied with the legislative requirements and did not contain any provisions that were contrary to public policy. The Commission emphasised the importance of fair and reasonable terms in an enterprise agreement and noted that the agreement provided for adequate protections for employees. The Commission approved the agreement, finding that it was in the best interests of the employees and the employer.

The Commission's decision was based on a comprehensive analysis of the agreement and the submissions from both parties. It found that the agreement provided for fair and reasonable terms for employees and did not contain any provisions that were contrary to public policy. The Commission's approval of the agreement ensures that the parties can move forward with the implementation of the agreement and that employees will have access to the benefits and protections provided by the agreement. The Commission's decision sets an important precedent for future enterprise agreements and demonstrates the importance of fair and reasonable terms in such agreements.

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