DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3079)

MODERN FIRE PROTECTION PTY. LTD. AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2020

Application for approval of the Modern Fire Protection 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 Modern Fire Protection 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, 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 27 October 2020 and, in accordance with s 54, will operate from 3 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

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Modern Fire Protection Pty. Ltd. The union sought approval for the ETU Greenfields Agreement 2018-2021, which was a proposed enterprise agreement between the union and the employer. The agreement pertained to the terms and conditions of employment for certain employees within the union. The case was heard in the Fair Work Commission, which is the tribunal with jurisdiction over such matters.

The central legal issue before the court was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was a "better off overall test" (BOOT) agreement, which requires that the agreement must not be worse for the employees than their existing conditions of employment. Additionally, the court had to consider whether the agreement complied with the procedural requirements of the Fair Work Act, such as the need for proper consultation and the provision of relevant information to the employees.

In reaching its decision, the court examined the evidence presented by both parties and considered the arguments put forward. The court found that the proposed agreement did meet the BOOT requirement, as the employees would be better off overall under the new agreement. The court also determined that the agreement complied with the procedural requirements of the Fair Work Act, as the employer had provided the necessary information and had engaged in proper consultation with the union. Accordingly, the court approved the proposed agreement, subject to certain modifications to address minor procedural concerns.

The court's final order was that the ETU Greenfields Agreement 2018-2021 be approved, subject to the modifications outlined in the decision. The union and the employer were directed to take all necessary steps to give effect to the approved agreement. The decision provides guidance on the criteria for approving enterprise agreements and the importance of proper consultation and information provision in the negotiation process.

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