DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/2939)

CONCEPT ENGINEERING (AUST) PTY LTD ELECTRICAL LABOUR HIRE COLLECTIVE AGREEMENT 2019-2022

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 25 SEPTEMBER 2019

Application for approval of the Concept Engineering (Aust) Pty Ltd Electrical Labour Hire Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering (Aust) Pty Ltd Electrical Labour Hire Collective Agreement 2019-2022 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Deputy President J. A. M. Douglas, was presented with an application for the approval of the Concept Engineering (Aust) Pty Ltd Electrical Labour Hire Collective Agreement 2019-2022. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union). The dispute revolved around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement complied with the statutory requirements, particularly the provisions concerning the protection of employees' rights and interests, and whether it satisfied the procedural requirements for its approval. The Commission needed to determine if the agreement was made in good faith, without coercion, and if it appropriately reflected the interests of the employees involved. Additionally, it was necessary to ascertain if the agreement was certified by an independent certifier who had no conflict of interest.

The Fair Work Commission found that the agreement did not meet the criteria for approval. The Deputy President concluded that the agreement was not made in good faith, as there were indications of coercion and pressure exerted on employees to accept the terms. Furthermore, the Commission noted that the agreement did not adequately protect the employees' rights and interests, particularly concerning the conditions of employment and the availability of benefits. The Deputy President also determined that the process by which the agreement was certified was flawed, as the certifier had a potential conflict of interest. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission did not grant approval for the Concept Engineering (Aust) Pty Ltd Electrical Labour Hire Collective Agreement 2019-2022, citing significant concerns regarding the manner in which the agreement was made, its content, and the certification process. The Deputy President's decision highlighted the importance of ensuring that collective agreements are made in good faith, protect employees' rights and interests, and are certified by an independent and impartial party.

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