DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1691)

VECCHIARELLI FAMILY TRUST (THE TRUSTEE FOR) T/AS GLADIATOR CRANES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 15 JULY 2020

Application for approval of the Vecchiarelli Family Trust (The Trustee For) T/As Gladiator Cranes Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Vecchiarelli Family Trust (The Trustee For) T/As Gladiator Cranes Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 (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 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2020. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Vecchiarelli Family Trust trading as Gladiator Cranes Pty Ltd and ETU Powerline Enterprise Agreement 2016-2020. The union sought approval of the enterprise agreement, which had been negotiated between the parties. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues the Commission had to decide were whether the agreement was genuinely negotiated and contained the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the Commission had to assess if the agreement was in the best interests of the employees and whether it complied with the procedural fairness requirements.

The Fair Work Commission found that the agreement had been genuinely negotiated between the parties and contained all the necessary minimum terms. The Commission determined that the agreement was in the best interests of the employees as it provided for a fair and reasonable set of terms and conditions of employment. Additionally, the Commission held that the agreement complied with the procedural fairness requirements. Therefore, the application for approval of the enterprise agreement was approved.

The Fair Work Commission approved the Vecchiarelli Family Trust's application for the enterprise agreement to be registered. The agreement was deemed to be a genuine bargain between the parties, contained the necessary minimum terms and conditions, and was in the best interests of the employees. The Commission also found that the agreement complied with the procedural fairness requirements. The union's application for approval of the enterprise agreement was therefore successful.

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