DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/669)

MECHANICAL ELECTRICAL CONTROLS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the Mechanical Electrical Controls Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Mechanical Electrical Controls 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 provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.1 – Termination of employment

• Clause 4.19 – Support for employees experiencing family and domestic violence

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 28 March 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 Mechanical Electrical Controls Pty Ltd and ETU Enterprise Agreement 2018-2021. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the provisions relating to enterprise agreements. The parties to the agreement were the Mechanical Electrical Controls Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The union sought to ensure that the terms of the agreement adequately represented the interests of its members.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it contained the necessary provisions to be considered a valid enterprise agreement. This included assessing whether the agreement had been negotiated fairly and whether it complied with the mandatory provisions of the Fair Work Act. Additionally, the Commission examined whether the agreement appropriately covered the employees and the scope of its applicability. The union argued that certain terms of the agreement were not in line with the statutory minimum entitlements and sought amendments or clarifications to ensure compliance.

The Commission found that while the agreement had generally been made in good faith and contained most of the required provisions, there were certain deficiencies that needed to be addressed. The union’s concerns about the agreement not adequately covering all aspects of employment conditions were noted, and the Commission required amendments to ensure that the agreement complied with the statutory minimum standards. The Commission approved the agreement subject to the proposed changes, which were intended to ensure that all mandatory terms were appropriately addressed. The final orders required the parties to implement the necessary amendments and resubmit the agreement for final approval.

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