DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/395)

GIPPSLAND LIFTS & CRANES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MARCH 2020

Application for approval of the Gippsland Lifts & Cranes 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 Gippsland Lifts & Cranes 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 March 2020 and, in accordance with s 54, will operate from 9 March 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Gippsland Lifts & Cranes Pty Ltd, which sought approval for their enterprise agreement covering the years 2018 to 2021. The union argued that the proposed agreement was unfair due to certain provisions impacting employee entitlements, while the employer contended that the agreement was fair and balanced. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as a registered enterprise agreement under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained provisions that were unfair within the meaning of section 234 of the Fair Work Act and whether the agreement was made in good faith and contained provisions for the efficient determination of terms and conditions of employment. Specifically, the Commission had to consider the union's objections regarding the proposed changes to shift penalties and the introduction of a new classification for certain employees.

In reaching its decision, the Commission thoroughly examined the provisions of the agreement and the submissions from both parties. The Commission found that while some of the provisions were contentious, the overall agreement did not contain any provisions that were unfair. The Commission noted that the employer had made reasonable concessions in response to the union's objections, and the agreement contained provisions that facilitated the efficient determination of employees' terms and conditions. Consequently, the Commission approved the agreement as a registered enterprise agreement.

The Fair Work Commission approved the Gippsland Lifts & Cranes Pty Ltd and ETU Enterprise Agreement 2018-2021 as a registered enterprise agreement. This decision was made on the basis that the agreement met the requirements of the Fair Work Act and did not contain any unfair provisions. The Commission's approval allows the agreement to provide the basis for the terms and conditions of employment for the relevant employees during the specified period.

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