DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4537)

JNI INFRASTRUCTURE PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 DECEMBER 2019

Application for approval of the JNI Infrastructure 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 JNI Infrastructure 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 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 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 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 13 December 2019. 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, who brought an application before the Fair Work Commission for approval of the JNI Infrastructure Pty Ltd and ETU Greenfields Agreement 2018-2021. The dispute centered around the interpretation and applicability of certain provisions within the enterprise agreement, particularly those relating to employee entitlements and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the fair and reasonable terms and conditions of employment, as required by the Act. Specifically, the Commission needed to assess if the agreement adequately covered the scope of employees, the classification of jobs, the rates of pay, and other employment conditions, including any provisions for dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement had been made in good faith and if it provided for the proper administration of the agreement.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement in detail, considering the context in which it was made and the bargaining positions of the parties. The Commission noted that while the agreement contained comprehensive terms and conditions, there were certain areas that required clarification or amendment to meet the statutory requirements. After reviewing submissions from both parties and relevant legislative provisions, the Commission found that the agreement could be approved with certain modifications to ensure it complied fully with the Act. The Commission required the parties to address specific deficiencies in the agreement, including the inclusion of more detailed job classification and dispute resolution provisions.

Following the Commission's decision, the agreement was approved subject to the specified modifications. The Fair Work Commission mandated that the parties implement the necessary changes within a stipulated timeframe and submit a revised version of the agreement for final approval. The outcome ensured that the enterprise agreement met the statutory requirements for fair and reasonable terms and conditions of employment, thereby providing a legally binding framework for the employment relationship between the employer and the union.

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