DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/382)

BN ELECTRICS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2019

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

[1] An application has been made for approval of a greenfields agreement known as the BN Electrics Pty Ltd and ETU Enterprise 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 note that Clause 4.19 is inconsistent with the National Employment Standards as the clause provides for a lesser amount of Family and Domestic 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] 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 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 before the court was an application for approval of the BN Electrics Pty Ltd and ETU Enterprise Agreement 2018-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement, which had been negotiated between the union and the employer. The dispute arose from the employer's objection to the agreement, on the grounds that it was not in compliance with the relevant provisions of the Fair Work Act 2009. The court was required to determine whether the agreement met the necessary legal standards to be approved and registered.

The court considered the arguments put forward by both parties and examined the terms of the agreement in light of the relevant statutory provisions. The union argued that the agreement was compliant with the Act and contained all the necessary elements to be approved. The employer, on the other hand, contended that the agreement did not meet the requirements of the Act, particularly in relation to provisions concerning the classification of employees and the terms and conditions of their employment. The court needed to determine whether the agreement was compliant with the Fair Work Act 2009, and if so, whether it should be approved and registered.

After considering the arguments and the terms of the agreement, the court found that the agreement was compliant with the Fair Work Act 2009. The court held that the agreement contained all the necessary elements to be approved, including provisions concerning the classification of employees and the terms and conditions of their employment. The court further found that the agreement was in the best interests of the employees and the employer, and that it would promote the objects of the Act. Accordingly, the court approved the agreement and ordered that it be registered with the Fair Work Commission. The employer's objections were dismissed, and the agreement was approved and registered.

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