DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1181)

Q4EC PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2019

Application for approval of the Q4EC Pty Ltd and ETU Greenfields Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the Q4EC Pty Ltd and ETU Greenfields 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 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 likely to be inconsistent with the National Employment Standards (NES):

• Clause 20 – Termination of Employment

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.

[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 3 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Q4EC Pty Ltd and ETU Greenfields Agreement 2018-2021. The dispute arose from the proposed agreement's provisions concerning the terms and conditions of employment for workers employed by Q4EC Pty Ltd. The application was heard in the Fair Work Commission. The central legal issues before the Court were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment for the workers involved. The Court considered whether the agreement was a "better off overall test" (BOOT) agreement, which must provide a net benefit to the workers compared to the applicable award or registered agreement.

The Fair Work Commission held that the agreement met the statutory requirements and was a BOOT agreement. The Court found that the agreement provided for improved wages, superannuation, and other conditions compared to the relevant award. The Commission noted that the agreement included provisions for higher wages, additional leave entitlements, and better working conditions, which collectively provided a net benefit to the workers. The Court also considered the submissions from both parties and the evidence presented regarding the impact of the agreement on the workers. Ultimately, the Court was satisfied that the agreement was fair and reasonable and met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Q4EC Pty Ltd and ETU Greenfields Agreement 2018-2021, finding it to be a BOOT agreement. The Court's decision was based on its determination that the agreement provided a net benefit to the workers, as evidenced by the improved terms and conditions of employment. The Commission's approval was granted, allowing the agreement to come into effect and govern the employment conditions of the workers at Q4EC Pty Ltd for 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