DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4601)

ASG ELECTRICAL CONTRACTING PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE GREENFIELDS AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 16 JANUARY 2020

Application for approval of the ASG Electrical Contracting Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018 - 2021.

[1] An application has been made for approval of a greenfields agreement known as the ASG Electrical Contracting Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018 - 2021 (Agreement). The application was made by 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.

[2] This is a greenfields agreement that meets the requirements of section 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[6] The Agreement was approved on 16 January 2020 and, in accordance with s.54 of the Act, will operate from 23 January 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the ASG Electrical Contracting Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018-2021. The applicant union argued that the agreement was in the best interests of the employees it represented and met the requirements for approval under the Fair Work Act 2009. The respondent employer, ASG Electrical Contracting Pty Ltd, did not oppose the application but did not actively support it either. The primary dispute centred on whether the agreement met the statutory criteria for approval, particularly concerning its compliance with minimum entitlements and protections provided under the National Employment Standards and other relevant legislation.

The Commission had to determine whether the agreement complied with the statutory provisions for approval, including whether it provided for employees' minimum entitlements and whether it met the standards set out in the Fair Work Act. The agreement was scrutinised to ensure it did not disadvantage employees in relation to their pay, conditions, or termination of employment, and that it did not undermine the operation of the Act or the industrial safety and health provisions of the law. The Commission also considered the overall fairness of the agreement to the employees, ensuring it did not have a detrimental effect on their rights and protections.

After thorough examination, the Commission found that the agreement met the statutory criteria for approval. It concluded that the agreement did not disadvantage employees in terms of their pay, conditions, or termination of employment, and it did not undermine the Fair Work Act or industrial safety and health provisions. The Commission was satisfied that the agreement provided for employees' minimum entitlements and was fair and reasonable in its terms. Consequently, the application for approval was granted, and the agreement was approved to commence on the specified date.

The Fair Work Commission approved the ASG Electrical Contracting Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018-2021, effective from the date of the decision. The approval was based on the finding that the agreement met all statutory requirements, provided for minimum entitlements, and did not disadvantage employees. The employer's non-opposition was noted, and the Commission was satisfied with the overall fairness of the agreement to the employees.

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