DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/754)

ALL IN ONE CONTRACTING PTY LTD ELECTRICAL LABOUR HIRE COLLECTIVE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 9 MAY 2019

Application for approval of the All In One Contracting Pty Ltd Electrical Labour Hire Collective Agreement 2017-2021.

[1] An application has been made for approval of a greenfields agreement known as the All In One Contracting Pty Ltd Electrical Labour Hire Collective Agreement 2017-2021 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions is/are likely to be inconsistent with the National Employment Standards (NES):

• Clause 21.1.2 – Annual Leave

However, noting clause 2.3 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied for the approval of the All In One Contracting Pty Ltd Electrical Labour Hire Collective Agreement 2017-2021. The dispute centred around the terms and conditions of employment for electrical labour hire workers under the proposed agreement. The Union sought to ensure that the agreement provided adequate protections and benefits for its members while All In One Contracting Pty Ltd (the Employer) aimed to maintain operational flexibility and competitiveness.

The primary legal issues before the Commission involved assessing whether the agreement complied with the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT) and whether it contained all mandatory terms and conditions required by law. The Commission also had to consider if the agreement adequately addressed the specific needs and interests of the employees covered by it.

In its decision, the Fair Work Commission found that the agreement met the requirements of the BOOT, indicating that the employees would be better off overall with the proposed agreement compared to their current conditions. The Commission highlighted that the agreement provided for improved wages, allowances, and other benefits, which were deemed sufficient to satisfy the BOOT. Additionally, the Commission confirmed that the agreement contained all necessary mandatory terms and conditions as stipulated by the Fair Work Act. The Commission approved the agreement, recognising it as fair and balanced for the parties involved.

The Fair Work Commission approved the All In One Contracting Pty Ltd Electrical Labour Hire Collective Agreement 2017-2021, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the electrical labour hire workers are legally binding and enforceable.

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