Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2019] FWCA 6876

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2019/3541)

Tech Smart Systems Vic & ETU Enterprise Agreement 2018-2021

Electrical contracting industry
Deputy President Masson	MELBOURNE, 4 OCTOBER 2019

Application for approval of the Tech Smart Systems Vic & ETU Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Tech Smart Systems Vic & ETU Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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.

I note that Clause 20.1 is inconsistent with the National Employment Standards as apprentices are not entitled to notice of termination. Given the National Employment Standards precedence clause at clause 4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 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 approval of the Tech Smart Systems Vic & ETU Enterprise Agreement 2018-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement, which had been negotiated with the employer, Tech Smart Systems Vic. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the commission needed to address were whether the agreement complied with the procedural requirements of the Fair Work Act and whether it contained any terms that were not in the best interests of the employees. Specifically, the commission had to consider whether the union had provided adequate notice of the agreement to the employees, whether the agreement had been properly negotiated, and whether the terms of the agreement were fair and reasonable.

The Fair Work Commission found that the agreement complied with the procedural requirements of the Fair Work Act. The commission noted that the union had provided adequate notice to the employees and that the agreement had been negotiated in good faith. The commission also found that the terms of the agreement were fair and reasonable, and did not contain any provisions that were not in the best interests of the employees. The commission was satisfied that the agreement met the legal requirements for approval and granted the application for approval.

The Fair Work Commission approved the Tech Smart Systems Vic & ETU Enterprise Agreement 2018-2021, and the agreement is now legally binding on the parties. The union and the employer are required to comply with the terms of the agreement, and the employees are entitled to the benefits and protections provided by the agreement. The approval of the agreement ensures that the employees of Tech Smart Systems Vic will continue to be covered by a fair and reasonable enterprise agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established