DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2164)

JONOCO PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2019-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 AUGUST 2020

Application for approval of the Jonoco Pty. Ltd. and ETU Enterprise Agreement 2019-2021.

[1] The 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 Jonoco Pty. Ltd. and ETU Enterprise Agreement 2019-2021 (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 7 August 2020 and, in accordance with s 54, will operate from 14 August 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 for the approval of the Jonoco Pty. Ltd. and ETU Enterprise Agreement 2019-2021. The parties in dispute were the employer, Jonoco Pty. Ltd., and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees. The nature of the dispute centred on whether the enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith. Additionally, the Commission needed to determine if the agreement complied with the "better off overall test" (BOOT), ensuring that employees were not disadvantaged by the terms of the agreement. The Commission also examined whether the agreement included appropriate dispute resolution mechanisms and if it adhered to the relevant industrial laws and regulations.

In its reasoning, the Commission evaluated the provisions of the agreement against the statutory requirements. It found that the agreement provided for fair and reasonable terms and conditions, was made in good faith, and met the BOOT. The Commission also noted that the agreement contained appropriate dispute resolution mechanisms and was compliant with the Fair Work Act. Consequently, the Commission approved the application for the Jonoco Pty. Ltd. and ETU Enterprise Agreement 2019-2021.

As a result of the Commission's approval, the enterprise agreement is now legally binding between Jonoco Pty. Ltd. and the employees covered by the agreement. The terms of the agreement will govern the employment conditions of the employees during the period from 2019 to 2021.

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