DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1528)

ABSOLUTE COMMISSIONING GROUP PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JUNE 2020

Application for approval of the Absolute Commissioning Group Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020.

[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 Absolute Commissioning Group Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 (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] 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.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) seeking approval of the Absolute Commissioning Group Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 (the Agreement). The matter was heard in the Fair Work Commission. The primary dispute centred on whether the Agreement complied with the relevant legislative requirements and if it was in the best interests of the employees covered by the Agreement.

The key legal issues before the Commission were whether the Agreement met the statutory criteria for approval under the Fair Work Act 2009, including whether it provided for the payment of minimum rates of pay and entitlements, and whether it was free from any provisions that would allow for its circumvention. Additionally, the Commission considered whether the Agreement was in the best interests of the employees, taking into account factors such as the fairness and equity of the terms and conditions, and the extent to which it provided for the protection of employees' rights and interests.

The Commission found that the Agreement satisfied the legislative criteria for approval, including that it provided for the payment of minimum rates of pay and entitlements, and did not contain any provisions that would allow for its circumvention. The Commission also found that the Agreement was in the best interests of the employees, as it provided for fair and equitable terms and conditions, and adequately protected the rights and interests of the employees. The Commission approved the Agreement, noting that it provided for a balanced approach to the needs of both employers and employees.

The Commission's decision to approve the Agreement was based on a detailed analysis of the terms and conditions contained within it, as well as consideration of the broader context in which the Agreement was negotiated and entered into. The Commission noted that the Agreement represented a compromise between the parties, and that it provided for a fair and reasonable outcome for all parties involved. The Commission's decision was therefore based on a careful weighing of the relevant factors, and a determination that the Agreement was in the best interests of the employees.

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