DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4550)

ENTIRE FIRE PROTECTION PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 DECEMBER 2019

Application for approval of the Entire Fire Protection 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 Entire Fire Protection 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 6 December 2019 and, in accordance with s 54, 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 before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the employer, Entire Fire Protection Pty. Ltd. The union sought approval for an enterprise agreement spanning the period 2018 to 2021, which aimed to regulate the terms and conditions of employment for the union's members working for the company. The application was brought to the Fair Work Commission for determination, given its jurisdiction over enterprise agreements under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court examined whether the agreement had been made in the "best interests" of the employees, considering various factors such as the agreement's alignment with the Fair Work Act's objectives, its impact on the employees' overall conditions, and whether it provided for the "fair and efficient" resolution of workplace disputes. Furthermore, the court considered whether the union had conducted the necessary bargaining in good faith and whether the agreement allowed for proper representation of the employees' interests.

In delivering its decision, the court analysed the terms of the agreement and the evidence provided by both parties. It found that the agreement satisfied the statutory requirements for approval. The court was satisfied that the agreement had been negotiated in good faith and that it provided for fair and efficient resolution of workplace disputes. Moreover, the agreement was deemed to be in the best interests of the employees, taking into account factors such as the protection of employees' rights and the efficient operation of the workplace. Consequently, the court approved the application for the agreement to be registered.

The court's final order was the approval and registration of the Entire Fire Protection Pty. Ltd. and ETU Enterprise Agreement 2018-2021. This decision was made in light of the evidence and arguments presented by both parties, and the court's determination that the agreement met the necessary legal criteria for approval.

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