DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2410)

POWER PLUS ELECTRIX PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2020

Application for approval of the Power Plus Electrix 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 Power Plus Electrix 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Power Plus Electrix Pty Ltd and ETU Enterprise Agreement 2018-2021. The dispute centred around the provisions of the agreement that related to employee classification and the conditions of employment, specifically whether they complied with the relevant legislative framework and the principles of fairness and good faith.

The central legal issues the court had to address were whether the terms of the enterprise agreement were consistent with the Fair Work Act 2009 and whether they complied with the provisions of the Fair Work Regulations 2009. The court had to determine if the agreement adequately protected employees' rights and obligations, and whether it was made in good faith and without coercion. Additionally, the court examined the fairness of the agreement's terms, particularly in light of the bargaining power disparity between the employer and the union.

The court found that the terms of the enterprise agreement were largely compliant with the Fair Work Act and the regulations, noting that the agreement provided for minimum entitlements that met or exceeded the statutory requirements. The court highlighted that the agreement contained provisions for fair and transparent processes in the classification of employees, and it provided for a mechanism to resolve disputes. The court concluded that the agreement was made in good faith and was not the result of any undue influence or coercion. The fairness of the agreement was also upheld as it balanced the needs of both the employer and the employees, providing for adequate protections and benefits.

The Fair Work Commission approved the Power Plus Electrix Pty Ltd and ETU Enterprise Agreement 2018-2021, subject to the conditions set out in the decision. The approval was granted on the basis that the agreement met the legislative requirements and was made in good faith, ensuring that the rights and obligations of both parties were adequately protected.

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