DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1265)

DOORSPEC PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MAY 2020

Application for approval of the Doorspec Pty Ltd and ETU Enterprise Agreement 2018-2021.

[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 Doorspec 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 18 May 2020 and, in accordance with s 54, will operate from 25 May 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 parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Doorspec Pty Ltd (the "Employer"). The dispute was regarding the application for the approval of the Doorspec Pty Ltd and ETU Enterprise Agreement 2018-2021, which was filed by the Union. The application was heard in the Fair Work Commission.

The legal issues that the court needed to decide were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was a "better off overall test" and whether it complied with the provisions of the Act. The court also needed to determine whether the agreement was in the best interests of the employees.

The court found that the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The agreement was considered to be a "better off overall test" as it provided for improved wages and conditions for the employees. The court also found that the agreement complied with the provisions of the Act and was in the best interests of the employees. The court approved the application for the approval of the Doorspec Pty Ltd and ETU Enterprise Agreement 2018-2021.

The final orders of the court were that the application for the approval of the Doorspec Pty Ltd and ETU Enterprise Agreement 2018-2021 be approved, and the agreement be registered as a registered agreement under the Fair Work Act 2009. The agreement was to commence on the first day of the month following the date of the registration and would remain in force until the end of the period specified in the agreement.

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