| [2020] FWCA 815 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/223)
JNI INFRASTRUCTURE PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2020
Electrical contracting industry | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 14 FEBRUARY 2020 |
Application for approval of the JNI Infrastructure 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 JNI Infrastructure 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 have 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] Pursuant to s 53(2)(b) of the Act I note 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 21 February 2020. The nominal expiry date of the Agreement is 31 October 2022.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2020] FWCA 815
- Case
- [2020] FWCA 815
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement provided for the proper operation of the enterprise, whether it contained only permissible matters, and whether it met the "better off overall test." The Commission had to consider whether the agreement offered terms and conditions that were no worse than the applicable award or safety net award and whether it was likely to improve the terms and conditions of employment for the employees covered by the agreement.
In delivering its decision, the Commission noted that the agreement provided for the proper operation of the enterprise and contained only permissible matters. It found that the agreement met the "better off overall test," as it offered terms and conditions that were no worse than the applicable award or safety net award and was likely to improve the terms and conditions of employment for the employees covered by the agreement. The Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act 2009.
The Fair Work Commission approved the JNI Infrastructure Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020. The Commission determined that the agreement provided for the proper operation of the enterprise, contained only permissible matters, and met the "better off overall test." This decision ensures that the employees covered by the agreement have improved terms and conditions of employment.
Orders
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Background
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Evidence
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