DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/2256)

GH FIRE AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JULY 2019

Application for approval of the GH Fire and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the GH Fire and 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.

[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.

[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 19 July 2019 and, in accordance with s.54, will operate from 26 July 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 the approval of the GH Fire and ETU Enterprise Agreement 2018-2021. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and GH Fire and Emergency Services Pty Ltd. The dispute centred around the procedural fairness of the bargaining process and the adequacy of the agreement in meeting the requirements of the Fair Work Act 2009.

The legal issues before the Commission required consideration of whether the bargaining process was conducted in a manner that was procedurally fair and whether the agreement met the substantive requirements of the Act. Specifically, the Commission had to assess if the union had genuinely negotiated the agreement and if the agreement provided for terms and conditions that were fair and reasonable. The Commission also had to consider if the agreement complied with the ‘better off overall test’ and whether it contained terms that were not detrimental to the employees.

In delivering its decision, the Commission found that the bargaining process was procedurally fair, with evidence that the union had genuinely negotiated the agreement. The Commission also found that the agreement met the substantive requirements of the Act, including the better off overall test, and contained terms that were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate protections and benefits for employees and that it did not contain any terms that were detrimental to the employees.

The Commission approved the GH Fire and ETU Enterprise Agreement 2018-2021, subject to certain conditions, including the requirement that the union and employer provide a copy of the approved agreement to all employees covered by the agreement. The decision provides guidance for unions and employers on the requirements for an enterprise agreement and the importance of genuine negotiation and procedural fairness in the bargaining process.

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