DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6767)

ADANT SERVICES GROUP PTY LTD (AUSTRALIAN WIND AND SOLAR) AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2019

Application for approval of the ADANT Services Group Pty Ltd (Australian Wind and Solar) and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ADANT Services Group Pty Ltd (Australian Wind and Solar) 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 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 an application for approval of the ADANT Services Group Pty Ltd (Australian Wind and Solar) and ETU Enterprise Agreement 2018-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's approval of the enterprise agreement, which had been negotiated between the union and the employer. The union argued that the agreement met the requirements of the Fair Work Act 2009, and should be approved as a registered agreement.

The legal issues the court was required to decide centred on whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court needed to consider whether the agreement had been made in good faith, whether it provided for the proper classification of employees, and whether it included appropriate mechanisms for resolving disputes. The court also needed to consider whether the agreement complied with the 'better off overall test', which requires that employees be no worse off financially under the terms of the agreement than they would be under the applicable award or agreement.

In its decision, the court found that the enterprise agreement met all of the criteria for approval. The court noted that the agreement had been made in good faith, and that it provided for appropriate classification of employees. The court also found that the agreement included effective mechanisms for resolving disputes, and that it complied with the 'better off overall test'. The court was satisfied that the agreement provided for appropriate pay and conditions for employees, and that it met the requirements of the Fair Work Act. Accordingly, the court approved the enterprise agreement, and it was registered as a registered agreement.

The court's decision provides guidance for employers and unions negotiating enterprise agreements. The decision confirms that agreements which meet the criteria set out in the Fair Work Act will be approved by the Commission. Employers and unions should ensure that their agreements provide for appropriate classification of employees, effective dispute resolution mechanisms, and compliance with the 'better off overall test'. The decision also highlights the importance of good faith bargaining in the negotiation of enterprise agreements.

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