DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4408)

COMMSECURITY PTY. LTD. AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Commsecurity Pty. Ltd. and ETU Greenfields Agreement 2018-2021.

[1] 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 Commsecurity 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] 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.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 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 applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for an agreement between Commsecurity Pty. Ltd. and ETU Greenfields. The agreement, dated 2018-2021, was proposed as a certified agreement under the Fair Work Act 2009. The applicant argued that the agreement provided for fair and reasonable terms and conditions for employees, and that the agreement had been fairly and independently negotiated. The respondent, Commsecurity Pty. Ltd., did not oppose the application but did not actively support it either. The case was heard in the Fair Work Commission.

The legal issues that the Commission was required to decide included whether the agreement had been fairly and independently negotiated, and whether the terms and conditions of the agreement were fair and reasonable. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009. In particular, the Commission had to consider whether the agreement provided for adequate protections for employees, including provisions for minimum wages and conditions, and whether the agreement was consistent with the overarching objectives of the Fair Work Act 2009.

In its decision, the Commission found that the agreement had been fairly and independently negotiated and that the terms and conditions of the agreement were fair and reasonable. The Commission noted that the agreement provided for adequate protections for employees, including provisions for minimum wages and conditions, and that the agreement was consistent with the overarching objectives of the Fair Work Act 2009. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009. Accordingly, the Commission approved the agreement as a certified agreement. The Commission also made orders to ensure that the agreement would be properly implemented and enforced.

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