DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2463)

F.I.P. ELECTRICAL (VIC) PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2020

Application for approval of the F.I.P. Electrical (VIC) Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] 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 F.I.P. Electrical (VIC) 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.

[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 statutory 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 September 2020 and, in accordance with s 54, will operate from 8 September 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 involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which brought an application before the Fair Work Commission. The union sought approval for the F.I.P. Electrical (VIC) Pty Ltd and ETU Enterprise Agreement 2018-2021. The dispute centred on whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The court had to determine whether the agreement satisfied the conditions for approval, including whether it was free from prohibited content, whether it provided for proper bargaining, and whether it met the "better-off, overall test." This required the court to examine the terms and conditions of the agreement, including pay rates, hours of work, and other employment-related matters, to ensure they did not undermine the rights and protections afforded to employees under the Fair Work Act.

The Fair Work Commission found that the agreement did not meet the better-off, overall test as it failed to provide adequate protections for employees. The commission noted that the agreement contained provisions that were less favourable than the applicable awards, including reduced penalty rates and less favourable leave entitlements. As a result, the commission refused to approve the agreement. The union's application was dismissed, and the agreement was not approved. The decision highlights the importance of ensuring that enterprise agreements provide adequate protections for employees and comply with the requirements of the Fair Work Act.

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