DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4417)

NEVILL ELECTRICS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Nevill Electrics Pty. Ltd. and ETU Enterprise Agreement 2018-2021.

[1] 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 Nevill Electrics 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 29 November 2019 and, in accordance with s 54, 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 case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) seeking approval for the Nevill Electrics Pty. Ltd. and ETU Enterprise Agreement 2018-2021. The dispute arose as the applicant union sought to have the agreement recognised under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the criteria for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement had been fairly negotiated and if it provided for a fair and reasonable terms of employment for the employees covered by the agreement. The Commission also considered whether the agreement contained provisions that were inconsistent with the national employment standards and whether it included any terms that were not genuinely bargained.

The Commission found that the agreement was fairly negotiated and contained terms that were fair and reasonable. The Commission noted that the agreement provided for a range of terms and conditions that were consistent with the national employment standards and that the parties had genuinely bargained for the terms. The Commission also found that there were no provisions in the agreement that were inconsistent with the national employment standards. The Commission was satisfied that the agreement met the requirements for registration under the Fair Work Act.

The Commission approved the Nevill Electrics Pty. Ltd. and ETU Enterprise Agreement 2018-2021. The agreement is now registered and will apply to the employees covered by the agreement for the period 2018-2021. The decision provides certainty for the parties and ensures that the agreement will continue to provide for fair and reasonable terms of employment for the employees covered by the 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