DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/2827)

SS TRADES PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the SS Trades Pty Ltd and ETU Greenfields 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 a greenfields agreement known as the SS Trades Pty Ltd and ETU Greenfields Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the 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 of the Act, will operate from 11 September 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 court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the SS Trades Pty Ltd and ETU Greenfields Agreement 2018-2021. The application was heard by the Fair Work Commission, with Deputy President P McGillivray presiding. The primary dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and whether it complied with the procedural requirements for approval. Additionally, the court needed to consider whether the agreement was in the best interests of the employees and whether it provided for the resolution of any disputes that might arise.

The court found that the agreement had been made in good faith and contained the necessary minimum terms and conditions. It was also satisfied that the procedural requirements for approval had been met. The Deputy President noted that the agreement provided for the resolution of disputes through a formal process and that it was in the best interests of the employees. Consequently, the application was approved.

The court ordered that the SS Trades Pty Ltd and ETU Greenfields Agreement 2018-2021 be approved and registered with the Fair Work Commission. This decision ensures that the agreement remains in force and provides a framework for the relationship between the employer and employees during the specified period.

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