DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/270)

ETU NSW STAFF ENTERPRISE AGREEMENT 2019

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 MARCH 2020

Application for approval of the ETU NSW Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the ETU NSW Staff Enterprise Agreement 2019 (Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant or Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 18 February 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks – Private Sector Award 2010), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Ceeiu), and the employer, seeking approval of the Enterprise Agreement (EA) 2019. The dispute centred on whether the EA complied with the necessary legal and procedural requirements under the Fair Work Act 2009 (Cth). The matter was heard in the Fair Work Commission (FWC). The court was required to determine if the EA met the criteria for approval under the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment and whether it was free from any unlawful content. Additionally, the court had to consider if the necessary procedural requirements for the negotiation and finalisation of the EA were met, including whether the union and employer had genuinely attempted to negotiate in good faith.

The FWC found that the EA provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, allowances, and other benefits. The court also found that the EA was free from any unlawful content, as it did not include any terms that would contravene the Fair Work Act or other relevant legislation. Furthermore, the FWC concluded that the necessary procedural requirements for the negotiation and finalisation of the EA were met, as both parties had genuinely attempted to negotiate in good faith. The court considered the evidence provided by both parties and the overall context of the negotiation process. The FWC determined that the EA complied with the Fair Work Act and granted approval for the EA.

The Fair Work Commission approved the Enterprise Agreement 2019, finding it to be fair and reasonable and free from any unlawful content. The court's decision was based on the evidence provided by both parties and the overall context of the negotiation process. The final orders included the approval of the EA and the setting aside of any previous orders that were inconsistent with the approval. The approval of the EA means that it will now be legally binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement. The decision provides certainty for both the union and the employer and ensures that the EA meets the necessary legal and procedural requirements.

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