DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/7073)

VIC TECH CONSULTING & CONSTRUCTION PTY LTD AND ETU ENTERPRISE AGREEMENT GEELONG REFINERY 2018 – 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Vic Tech Consulting & Construction Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Vic Tech Consulting & Construction Pty Ltd and ETU Enterprise Agreement Geelong Refinery 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.1 - 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Vic Tech Consulting & Construction Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021. The primary dispute was between Vic Tech Consulting & Construction Pty Ltd, the employer, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), as the representative of the employees. The issue at hand centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement contained all the mandatory terms as required by the Act, and if it provided for minimum entitlements not less favourable than those provided by the applicable award or safety net. Additionally, the court examined whether the agreement was in the best interests of the employees it covered, and if it was appropriately certified by the Australian Building and Construction Commission (ABCC).

In delivering its decision, the Fair Work Commission examined the provisions of the proposed enterprise agreement in detail. The court found that the agreement was comprehensive and contained all the mandatory terms as prescribed by the Fair Work Act. It was also determined that the agreement provided for minimum entitlements that were at least as favourable as those in the relevant award or safety net provisions. Furthermore, the Commission considered the certification process and was satisfied that the agreement was certified in accordance with the requirements of the Act. Based on these findings, the court approved the agreement, considering it to be in the best interests of the employees.

The final orders of the court were to approve the Vic Tech Consulting & Construction Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021, effective from 1 January 2018, for a period of three years. The agreement was to be registered with the Fair Work Commission and would apply to all employees of Vic Tech Consulting & Construction Pty Ltd covered by the agreement.

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