DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4317)

SONMEC ELECTRICAL PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the Sonmec Electrical 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 Sonmec Electrical 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 22 November 2019 and, in accordance with s 54, will operate from 29 November 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 matter before the Fair Work Commission concerned the approval of the Sonmec Electrical Pty Ltd and ETU Enterprise Agreement 2018-2021. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's approval of the enterprise agreement, which was entered into between Sonmec Electrical Pty Ltd and its employees. The employees were represented by the union in the negotiations and agreement process.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any unfair provisions. The Commission also considered whether the agreement was genuinely negotiated between the parties, and whether it contained appropriate dispute resolution mechanisms.

After examining the agreement and hearing submissions from both the union and the employer, the Commission found that the enterprise agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, and did not contain any unfair provisions. The Commission also found that the agreement was genuinely negotiated between the parties, and contained appropriate dispute resolution mechanisms. The Commission approved the Sonmec Electrical Pty Ltd and ETU Enterprise Agreement 2018-2021, which will now apply to the employees of Sonmec Electrical Pty Ltd.

The Commission's decision provides guidance to employers and unions on the requirements for a valid enterprise agreement under the Fair Work Act. The decision highlights the importance of ensuring that agreements are genuinely negotiated, and that they provide for fair and reasonable terms and conditions of employment. The decision also underscores the need for appropriate dispute resolution mechanisms to be included in enterprise agreements.

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