DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/3897)

UTECH GROUP PTY LTD & ETU NSW CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 13 NOVEMBER 2019

Application for approval of the UTECH Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the UTECH Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU 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 Employer 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 the CEPU and that the Agreement covers the CEPU.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 20 November 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval for the UTECH Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, the relevant industrial tribunal in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for a 'registered agreement' and whether it was fair and reasonable, given the context of the bargaining process and the parties' respective positions.

The Fair Work Commission, in its decision, found that the proposed agreement did indeed meet the statutory criteria. The Commission examined the process through which the agreement was negotiated, the fairness of the terms proposed, and the overall context of the industrial relations environment. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained terms that were fair and reasonable, taking into account the needs and interests of both the employees and the employer.

As a result of its findings, the Commission approved the UTECH Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2019. This approval formalised the agreement as a legally binding document between the parties, thereby ensuring that the terms of the agreement would be implemented and enforced within the workplace.

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