DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/7227)

HARRIS HMC ELECTRICS AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 10 JANUARY 2019

Application for approval of the Harris HMC Electrics and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Harris HMC Electrics 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 17 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was brought before the Fair Work Commission to approve the Harris HMC Electrics and ETU Enterprise Agreement 2018-2021. The Union sought approval of the agreement, which was entered into with Harris HMC Electrics, to govern the employment terms and conditions of the union's members working for the company. The dispute arose from the need to formally endorse the agreement, ensuring it met the legal standards and requirements set forth in the Fair Work Act 2009.

The legal issues before the court involved verifying whether the agreement complied with the statutory requirements for enterprise agreements. This included assessing if the agreement was made in good faith, if it contained the necessary provisions, and whether it adhered to the protected action provisions under the Fair Work Act. Additionally, the court had to consider if the agreement provided for the proper representation of employees and if it was fair and reasonable in all its terms.

The Fair Work Commission found that the agreement met all the necessary legal criteria for approval. The court determined that the agreement was made in good faith, contained all the required provisions, and did not contravene any protected action provisions. Furthermore, the agreement provided adequate representation for employees and was deemed fair and reasonable. Based on these findings, the court approved the Harris HMC Electrics and ETU Enterprise Agreement 2018-2021, confirming its validity and enforceability under the Fair Work Act.

As a result of the court's decision, the Fair Work Commission approved the enterprise agreement, enabling it to be formally registered and implemented. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between Harris HMC Electrics and the union members, providing a clear framework for their working conditions and benefits.

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