DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/478)

SCHILLER MECHANICAL ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2020

Application for approval of the Schiller Mechanical Electrical Services 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 Schiller Mechanical Electrical Services 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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 11 March 2020 and, in accordance with s 54, will operate from 18 March 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for approval of the Schiller Mechanical Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021. The employer, Schiller Mechanical Electrical Services Pty Ltd, opposed the application, asserting that the agreement contained provisions that were not fair and reasonable. The matter was heard by the Commission, led by Senior Deputy President M J Bryant, with Deputy President S J Smith and Commissioner S A Smith.

The central issue before the Commission was whether the agreement contained provisions that were unfair or unreasonable within the meaning of the Fair Work Act 2009. Specifically, the employer contested the provisions relating to the calculation of penalty rates, the definition of 'work', and the provisions regarding shift patterns. The union argued that the agreement was fair and reasonable and reflected the appropriate balance of interests between the parties.

The Commission found that the provisions relating to penalty rates were fair and reasonable, as they aligned with the industry standards and provided appropriate protections for the employees. The Commission also found that the definition of 'work' was fair and reasonable, as it accurately reflected the nature of the employees' duties and was consistent with the industry practice. However, the Commission found that the provisions regarding shift patterns were unfair and unreasonable, as they did not provide adequate protection for the employees' rest periods. The Commission ordered that the provisions regarding shift patterns be removed from the agreement.

The Fair Work Commission approved the Schiller Mechanical Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021, subject to the removal of the provisions regarding shift patterns. The employer was ordered to give written notice of the approval and removal of the provisions to all affected employees within 28 days of the decision. The union was ordered to provide a copy of the approved agreement to all affected employees within the same timeframe.

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