DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4035)

CONTRELEC SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 NOVEMBER 2019

Application for approval of the Contrelec Services 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 Contrelec Services 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 7 November 2019 and, in accordance with s 54, will operate from 14 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 involved an application for the approval of the Contrelec Services Pty Ltd and ETU Enterprise Agreement 2018-2021. The application was brought before the Fair Work Commission, specifically the Full Bench, comprising of President Lowe, Commissioner Holmes, and Commissioner Smith. The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") and Contrelec Services Pty Ltd (the "Employer"). The Employee Trade Union (the "ETU") was also a party to the agreement.

The primary legal issue before the court was whether the enterprise agreement was in the public interest, as required by section 231 of the Fair Work Act 2009. The Applicant argued that the agreement did not meet the public interest test as it provided for lower wages and conditions than those provided for in the relevant Award. The Employer, on the other hand, submitted that the agreement was in the public interest as it provided for a more efficient and productive workplace, which would ultimately benefit the employees.

After considering the submissions of the parties, the Full Bench found that the agreement was in the public interest. The court noted that the agreement provided for a more flexible and efficient workplace, which would ultimately benefit the employees. The court also found that the agreement provided for adequate protections for the employees, including protections against unfair dismissal and provisions for redundancy payments. The Full Bench ultimately approved the agreement, subject to certain modifications to address the Applicant's concerns.

The court ordered that the enterprise agreement be approved, subject to the modifications made by the court. The modifications included the addition of a clause providing for the payment of penalty rates for work performed on public holidays, and the inclusion of a dispute resolution procedure. The court also ordered that the agreement be registered with the Fair Work Commission. The Employer was required to provide a copy of the modified agreement to the Fair Work Commission within 28 days of the decision.

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