DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4125)

AMECH ELECTRICAL PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 11 NOVEMBER 2019

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

[1] An application has been made for approval of a greenfields agreement known as the Amech Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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] The Applicant 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.1 – Notice

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Electrical Trades Union. The dispute was brought before the Fair Work Commission, an Australian tribunal with jurisdiction to decide on matters related to workplace relations. The union sought approval of an enterprise agreement between the employer and the union, specifically the Amech Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021. The employer argued that the agreement should not be approved as it did not comply with certain provisions of the Fair Work Act 2009.

The key legal issues the Commission had to determine were whether the agreement was a genuine enterprise agreement, whether it contained terms that were not permitted by the Act, and whether the agreement complied with the procedural requirements for approval. The Commission examined whether the agreement had been negotiated in good faith, whether it contained terms that were contrary to public policy, and whether it had been properly certified by the Australian Bureau of Statistics. The Commission also considered whether the agreement complied with the requirement to provide employees with at least 20 days' notice of the agreement and whether the agreement contained any terms that were inconsistent with the National Employment Standards.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith. The Commission found that the agreement did not contain any terms that were contrary to public policy and that it complied with the procedural requirements for approval. The Commission found that the employer had provided employees with the required notice of the agreement and that it did not contain any terms that were inconsistent with the National Employment Standards. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Amech Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021, subject to modifications to ensure compliance with the Fair Work Act 2009. The Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith and that it did not contain any terms that were contrary to public policy. The Commission also found that the employer had provided employees with the required notice of the agreement and that it complied with the procedural requirements for approval. The modifications to the agreement included the removal of certain terms that were inconsistent with the Act and the addition of provisions to ensure compliance with the National Employment Standards.

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