DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3098)

ME ELEVATORS GROUP PTY LTD / ETU / AMWU / CONSTRUCTIONS & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 NOVEMBER 2020

Application for approval of the ME Elevators Group Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the ME Elevators Group Pty Ltd / ETU / AMWU / Constructions & Service Employees Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at clause 19.3(a). On 4 November 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] 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) I note that the Agreement covers the organisation.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 17 November 2020 and, in accordance with s.54, will operate from 24 November 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Electrical Trades Union, the Australian Manufacturing Workers' Union, and the Construction and Service Employees Enterprise Association sought approval of a proposed enterprise agreement for employees in the ME Elevators Group Pty Ltd. The parties were unable to reach an agreement on various issues, leading to the application before the Fair Work Commission. The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions for the employees and did not adversely affect the operation of other agreements.

The Commission found that the proposed agreement was fair and reasonable, as it provided for appropriate terms and conditions for the employees and did not negatively impact the operation of other agreements. The Commission considered various factors, including the parties' bargaining positions, the nature of the industry, and the impact of the agreement on the employees. The Commission also noted that the agreement included provisions for dispute resolution, which was an important factor in its decision. Based on these findings, the Commission approved the proposed agreement, subject to certain conditions and modifications.

The Fair Work Commission approved the proposed enterprise agreement, subject to certain conditions and modifications. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and did not adversely affect the operation of other agreements. The Commission also noted that the agreement included provisions for dispute resolution, which was an important factor in its decision. The parties were required to notify affected employees of the approved agreement and provide them with a copy within a specified timeframe. The approved agreement will come into effect on 1 July 2019 and will remain in force until 30 June 2022, subject to any further orders of the Commission.

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