DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4034)

MCMAHON GROUP AUSTRALIA AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 6 NOVEMBER 2019

Application for approval of the McMahon Group Australia and ETU Greenfields Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the McMahon Group Australia and ETU Greenfields Agreement 2018-2021 (the Agreement). The application was made by the 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 the 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 4.1 in the Introduction 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 13 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the applicant, sought approval of an agreement between the McMahon Group Australia and the ETU Greenfields for the period 2018-2021. The application was heard by the Fair Work Commission, an Australian federal statutory authority responsible for the administration of workplace relations laws. The nature of the dispute centred around whether the terms and conditions outlined in the agreement were in compliance with the relevant legislative framework, specifically the Fair Work Act 2009.

The primary legal issues the court had to resolve were whether the agreement met the statutory requirements for approval and whether it adequately protected the rights and interests of the employees involved. This included an examination of the agreement's provisions in relation to wages, working hours, leave entitlements, and other employment conditions. The court also had to consider whether the agreement had been negotiated in good faith and whether it provided a safety net for employees that was at least equal to the relevant award or registered agreement.

The Fair Work Commission, in its reasoning, noted that the agreement had been negotiated by representatives of both the employer and the employees and that it contained provisions that were consistent with the objectives of the Fair Work Act. The court found that the agreement provided for a safety net that was at least equal to the relevant award, and that the terms and conditions were fair and reasonable. The Commission also took into account the views of the employees, who had expressed support for the agreement. As a result, the Fair Work Commission approved the agreement, confirming its compliance with the necessary legal standards. This decision ensures that the terms and conditions outlined in the agreement are enforceable and that the rights and interests of the employees are protected.

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