DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/3776)

MELBOURNE FIBRE & ELECTRICAL PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 OCTOBER 2019

Application for approval of the Melbourne Fibre & Electrical Pty Ltd and ETU Enterprise Agreement 2018-2021

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Melbourne Fibre & 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 CEPU, 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 15 October 2019 and, in accordance with s 54, will operate from 22 October 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 involved an application for the approval of the Melbourne Fibre & 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 to have the agreement recognised as a registered instrument. The employer, Melbourne Fibre & Electrical Pty Ltd, did not oppose the application but requested certain amendments to the agreement to ensure compliance with relevant laws. The union argued against these amendments, maintaining that the proposed changes would undermine the terms and conditions negotiated.

The legal issues before the court centred on whether the proposed amendments to the enterprise agreement were necessary to ensure compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to determine if the amendments were appropriate and whether they were justified in light of the parties' agreement and the broader legislative framework. The union argued that the amendments proposed by the employer were not necessary and would weaken the agreed terms. The employer, on the other hand, maintained that the changes were essential to meet legal requirements.

After considering the submissions from both parties, the court found that some of the proposed amendments were necessary to ensure compliance with the Fair Work Act and Regulations. The court highlighted that certain provisions in the agreement needed to be modified to align with statutory requirements, particularly those related to record-keeping and the calculation of penalty rates. The court balanced the need for compliance with the importance of maintaining the integrity of the negotiated agreement. Ultimately, the court approved the enterprise agreement with the necessary amendments, ensuring it met all legal standards while preserving the core terms agreed upon by the parties.

The final orders of the court approved the Melbourne Fibre & Electrical Pty Ltd and ETU Enterprise Agreement 2018-2021, subject to the specified amendments. These amendments were aimed at ensuring the agreement complied with the Fair Work Act and Regulations, particularly in areas of record-keeping and penalty rate calculations. The court's decision recognised the importance of both legal compliance and the preservation of the agreed terms, reflecting a balanced approach to enterprise bargaining.

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