DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/277)

RANS ELECTRICAL VIC AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Rans Electrical Vic and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Rans Electrical Vic 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):

• Part A - Clause 20 - Termination of employment.

• Part B - 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Rans Electrical Vic and ETU Enterprise Agreement 2018-2021. The application was contested by the Electrical Trades Union of Australia, who argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission, the body responsible for overseeing workplace relations in Australia.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness requirements. The Electrical Trades Union of Australia argued that the agreement did not meet these requirements as it had not been negotiated in good faith, and the process leading to its creation was flawed. The Commission needed to determine whether the agreement was genuinely negotiated and whether it met the necessary standards of fairness and procedural correctness.

In its decision, the Fair Work Commission examined the evidence presented by both parties and assessed the negotiation process. The Commission found that there were procedural shortcomings in the negotiation process, including a lack of proper communication between the parties and inadequate consultation. However, the Commission also noted that the agreement itself contained provisions that were fair and reasonable in the circumstances. Ultimately, the Commission determined that while the negotiation process was flawed, the agreement itself met the necessary standards for approval under the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement, subject to certain conditions aimed at ensuring compliance with procedural fairness requirements in future negotiations.

The Fair Work Commission's final order was that the Rans Electrical Vic and ETU Enterprise Agreement 2018-2021 be approved, with the condition that the parties undertake a review of the negotiation process and take steps to ensure compliance with procedural fairness requirements in future negotiations. This decision balanced the need for procedural fairness with the recognition that the agreement itself contained fair and reasonable terms for the employees.

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