| [2019] FWCA 6231 |
| 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
(AG2019/3027)
PROBOARDS PTY LTD T/A WILLPOWER MECHANICAL ELECTRICAL AND ETU ENTERPRISE AGREEMENT 2018-2021
Electrical contracting industry | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 6 SEPTEMBER 2019 |
Application for approval of the Proboards Pty Ltd T/A Willpower Mechanical Electrical and ETU Enterprise Agreement 2018-2021.
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the Proboards Pty Ltd T/A Willpower Mechanical Electrical 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[5] The Agreement was approved on 6 September 2019 and, in accordance with s 54, will operate from 13 September 2019. The nominal expiry date of the Agreement is 31 March 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE505171 PR712101>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2019] FWCA 6231
- Case
- [2019] FWCA 6231
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to decide were whether the agreement met the requirements of the Fair Work Act 2009, including whether it was free from any improper influence or coercion, if it complied with the provisions regarding minimum entitlements, and if it was properly certified by the relevant authorities. Additionally, the court had to determine whether the agreement was in the best interests of the employees covered by it.
The court examined the evidence and submissions presented by both the union and the employer, focusing on the processes followed in negotiating and finalising the agreement. The court found that the agreement had been negotiated in good faith and without any improper influence or coercion. The agreement also met all the statutory requirements, including those concerning minimum entitlements. Furthermore, the court was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Consequently, the court approved the Proboards Pty Ltd T/A Willpower Mechanical Electrical and ETU Enterprise Agreement 2018-2021.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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