DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/464)

ACE ELECTRICS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 MARCH 2019

Application for approval of the Ace Electrics Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Ace Electrics 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] I note that Clauses 20.1 and 4.19 are inconsistent with the National Employment Standards as clause 20.1 does not provide apprentices with notice of termination and clause 4.19 provides a lesser amount of Domestic and Family Violence Leave. Given the National Employment Standards precedence clause at clause 4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Ace Electrics Pty Ltd and ETU Enterprise Agreement 2018-2021. The union submitted the agreement to the Fair Work Commission (FWC) for endorsement, a process that ensures the agreement aligns with the provisions of the Fair Work Act 2009 (Cth). The agreement in question was entered into between Ace Electrics Pty Ltd and the Electrical Trades Union, aiming to regulate the terms and conditions of employment for workers within the company.

The legal issues before the FWC centred on whether the proposed agreement met the requirements set out in the Fair Work Act. Specifically, the union needed to demonstrate that the agreement complied with the "better off overall test" (BOOT), which mandates that employees under the agreement should not be worse off than they would be under the applicable award or safety net. Furthermore, the FWC had to ensure that the agreement did not contravene any other provisions of the Act, such as those pertaining to unfair discrimination or the protection of vulnerable employees.

The FWC meticulously examined the terms and conditions of the enterprise agreement, considering the submissions from both the union and the employer. The Commission found that the agreement did indeed meet the BOOT and did not contravene any other provisions of the Fair Work Act. The FWC's reasoning was based on its determination that the agreement provided employees with a range of benefits that, on balance, were better than what they would receive under the applicable award or safety net. The FWC concluded that the agreement was fair and appropriate for endorsement.

In light of the above, the FWC approved the Ace Electrics Pty Ltd and ETU Enterprise Agreement 2018-2021, ensuring that it would now be legally binding for the duration of its term. The union's application for approval was thus successful, and the agreement will govern the employment conditions of workers within Ace Electrics 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