DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/452)

PRIDMORE ELECTRICS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2019

Application for approval of the Pridmore Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Pridmore Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021 (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] I note that Clauses 20.1 and 4.19 of Part A are inconsistent with the National Employment Standards as clause 20.1 does not provide apprentices with notice of termination and clause 4.19 provides for 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 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

The matter involved an application for the approval of the Pridmore Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the enterprise agreement from the Fair Work Commission (FWC). The application was lodged by the union and Pridmore Electrics Pty. Ltd. under section 235 of the Fair Work Act 2009.

The central legal issue before the FWC was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the FWC had to consider if the agreement provided for fair and reasonable terms and conditions, taking into account the provisions of the Act and the principles of procedural fairness. The FWC also needed to ensure that the agreement was not contrary to public policy.

The FWC found that the agreement met the necessary standards for approval. The union and the employer had engaged in good faith negotiations, and the terms of the agreement were fair and reasonable. The FWC concluded that the agreement provided for appropriate protections for employees, including provisions for wages, hours of work, and other employment conditions. Furthermore, the FWC determined that the agreement did not contravene any public policy considerations. The application for approval was subsequently granted.

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