DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/232)

TEAM ANTENNAS AUSTRALIA PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MAY 2019

Application for variation of the Team Antennas Australia Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of a variation to the Team Antennas Australia Pty Ltd and ETU Enterprise Agreement 2018-2021 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 10 January 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 16 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, lodged an application for variation of the Team Antennas Australia Pty Ltd and ETU Enterprise Agreement 2018-2021, with the Fair Work Commission. The union sought a variation to Clause 17 of the agreement which provides for an employee's leave entitlements. The union claimed the clause did not properly provide for an employee's leave entitlements, and that the clause should be varied to accurately reflect the union's understanding of the employee's leave entitlements.

The Fair Work Commission considered whether it had jurisdiction to hear the application, and whether the application was made in accordance with the necessary procedures. The union submitted that the application was within the Commission's jurisdiction, and that the application had been made in accordance with the necessary procedures. The employer submitted that the application was not within the Commission's jurisdiction, and that the application had not been made in accordance with the necessary procedures.

The Fair Work Commission held that it had jurisdiction to hear the application, and that the application had been made in accordance with the necessary procedures. The Commission found that the union had demonstrated that there was a genuine dispute as to the interpretation of the enterprise agreement, and that the application was therefore within the Commission's jurisdiction. The Commission also found that the application had been made in accordance with the necessary procedures. The Commission ordered that Clause 17 of the enterprise agreement be varied to accurately reflect the union's understanding of the employee's leave entitlements.

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