DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1516)

AUSTRALIAN SATELLITE AND TELECOMMUNICATIONS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 23 MAY 2019

Application for approval of the Australian Satellite and Telecommunications Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Satellite and Telecommunications Pty Ltd 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, 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) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.1 – Notice of Termination

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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 Australian Satellite and Telecommunications Pty Ltd and ETU Enterprise Agreement 2018-2021. The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), sought approval of the enterprise agreement on the basis that it met the requirements of the Fair Work Act 2009. The respondent, Australian Satellite and Telecommunications Pty Ltd (the Employer), opposed the application on the grounds that certain provisions of the agreement did not comply with the Act.

The legal issues that the Commission was required to decide included whether the agreement provided for a proper process for the resolution of disputes between the parties, whether it contained terms and conditions that were consistent with the National Employment Standards and the general protections provided by the Fair Work Act, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement met the requirements for a single interest enterprise agreement and whether it provided for appropriate bargaining and consultation processes.

In considering these issues, the Commission examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for an appropriate process for the resolution of disputes and that the terms and conditions were consistent with the National Employment Standards and general protections. The Commission also found that the agreement was made in good faith and without coercion and that it met the requirements for a single interest enterprise agreement. The Commission noted that while there were some areas of the agreement that could have been improved, overall the agreement provided for appropriate bargaining and consultation processes.

The Commission approved the enterprise agreement, subject to certain modifications to address the issues raised by the Employer. The modifications related to the process for resolving disputes, the provision of information to employees, and the requirements for consulting with employees. The Employer was given a period of time to implement the modifications and to provide the Commission with evidence that it had done so. Overall, the Commission was satisfied that the agreement provided a fair and reasonable outcome for both parties and met the requirements of the Fair Work Act.

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