DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/3435)

OPEN AUTOMATION HOLDINGS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the Open Automation Holdings Pty Ltd and ETU Enterprise Agreement 2018-2021.

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

[2] This is a greenfields agreement that meets the requirements of s. 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 CEPU 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 October 2019. The nominal expiry date of the Agreement is 31 October 2021

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as an incorporated association, sought approval for the Open Automation Holdings Pty Ltd and ETU Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters. The dispute revolved around whether the proposed agreement was a protected action bargaining agreement, which would allow for certain industrial action to occur in the event of an unfair dismissal or redundancy.

The legal issues before the Commission were primarily whether the agreement was appropriately negotiated, and whether the application for approval was compliant with the relevant sections of the Fair Work Act 2009. The Commission had to consider whether the agreement was genuinely negotiated between the parties, whether it contained appropriate protections for employees, and whether the application for approval was made in a timely and procedurally correct manner.

The Commission found that the agreement was genuinely negotiated between the parties, as evidenced by the extensive discussions and amendments that took place during the bargaining process. The agreement was found to contain appropriate protections for employees, including provisions for redundancy payments, leave entitlements, and dispute resolution mechanisms. The Commission also found that the application for approval was made in a timely and procedurally correct manner, and that the agreement met the requirements of the Fair Work Act. As a result, the Commission approved the application for approval of the Open Automation Holdings Pty Ltd and ETU Enterprise Agreement 2018-2021.

The Fair Work Commission approved the application for approval of the Open Automation Holdings Pty Ltd and ETU Enterprise Agreement 2018-2021, finding that it was genuinely negotiated between the parties and contained appropriate protections for employees. The Commission also found that the application for approval was made in a timely and procedurally correct manner, and that the agreement met the requirements of the Fair Work Act. The approval of the agreement means that it will now be legally binding on the parties, and will provide a framework for the regulation of employment relations between the employer and the union.

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