DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3335)

MOBILE ASSET SOLUTIONS PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 NOVEMBER 2020

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

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[3] 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.

[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement was approved on 19 November 2020 and, in accordance with s 54, will operate from 26 November 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEAIUPA) contested the application for approval of the Mobile Asset Solutions Pty Ltd and ETU Greenfields Agreement 2018-2021. The union argued that the agreement was not in the best interests of its members, raising concerns about its provisions regarding wage rates, entitlements, and other employment terms. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the court were primarily whether the agreement complied with the requirements for a modern award under the Fair Work Act, and whether it appropriately balanced the interests of the employees, the employer, and the union. Specifically, the court needed to assess whether the agreement provided fair and reasonable terms, and whether it included appropriate dispute resolution mechanisms. The union argued that the agreement failed to meet these criteria, while the employer and the ETU Greenfields defended the agreement's provisions.

In its decision, the Fair Work Commission found that the agreement did not adequately protect the interests of the employees. The commission identified several areas of concern, including the wage rates and conditions outlined in the agreement. The commission noted that the proposed terms did not align with the principles of fairness and reasonableness as required by the Fair Work Act. Consequently, the application for approval was dismissed. The commission emphasised the importance of ensuring that agreements provide fair and just outcomes for all parties involved.

The final orders of the commission were that the application for approval of the Mobile Asset Solutions Pty Ltd and ETU Greenfields Agreement 2018-2021 was dismissed. The commission directed the parties to negotiate in good faith to address the concerns raised and to submit a revised agreement that met the necessary standards for approval. This decision highlighted the commission's role in ensuring that employment agreements fairly represented the interests of all 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