DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/191)

PROFIRE (AUST) PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 FEBRUARY 2020

Application for approval of the Profire (Aust) Pty Ltd and ETU Greenfields 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 a greenfields agreement known as the Profire (Aust) Pty Ltd and ETU Greenfields Agreement 2018-2021 (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 are 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 February 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and ETU Greenfields. The union sought approval of an agreement between Profire (Aust) Pty Ltd and ETU Greenfields, a workplace agreement for the period 2018-2021. The application was heard in the Fair Work Commission. The union argued that the agreement was in the best interests of the employees, while the employer argued that certain provisions were unfair and not in the employees' best interests. The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether certain provisions of the agreement were unfair. The Commission found that the agreement was in the best interests of the employees and that the provisions were not unfair. The Commission noted that the agreement provided for a fair and equitable distribution of benefits and burdens between the employer and employees and that the employees had been given a genuine opportunity to express their views on the agreement. The Commission also found that the provisions in question were not unfair as they were reasonable and necessary to allow the employer to operate its business effectively. The union's application for approval of the agreement was approved. The Commission ordered that the agreement be approved as a registered 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