DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5626)

MGL MECHANICAL ELECTRICAL PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2019

Application for approval of the MGL Mechanical Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the MGL Mechanical Electrical Pty Ltd and ETU Greenfields 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] 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.

[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 union sought approval of a new enterprise agreement for a three-year period, covering a range of employees working in the mechanical, electrical, and plumbing industries. The union argued that the agreement provided fair and reasonable terms for the employees, and sought the court's approval. The matter was heard in the Fair Work Commission. The union faced the challenge of demonstrating that the agreement was appropriate and equitable for the employees, and that it complied with the relevant legislation. The union also needed to show that the agreement had been negotiated in good faith, and that the employees had been given a reasonable opportunity to express their views on the agreement. The court considered a number of factors in reaching its decision. It found that the agreement provided reasonable terms and conditions for the employees, and that it complied with the relevant legislation. The court also found that the agreement had been negotiated in good faith, and that the employees had been given a reasonable opportunity to express their views. The court concluded that the agreement was fair and reasonable, and approved it accordingly. The court's approval of the agreement is a significant outcome for the union, as it provides certainty and stability for the employees covered by the agreement. The union's success in demonstrating the fairness and reasonableness of the agreement is likely to be of interest to other unions and employers in the industry.

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