DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6558)

MURVEYN ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 21 DECEMBER 2018

Application for approval of the Murveyn Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Murveyn Electrical Services Pty Ltd 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 28 December 2018. 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 involved an application for approval of the Murveyn Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia before the Fair Work Commission. The dispute centred on the terms of the enterprise agreement between the employer and the union, which needed to be assessed for compliance with the Fair Work Act 2009. The legal issues before the court included whether the agreement met the statutory requirements for approval, particularly in relation to the provisions regarding employee entitlements, classification, and dispute resolution.

The court examined the specific terms of the agreement, ensuring that they did not unfavourably differentiate employees in a way that was against the public interest or detrimental to the employees' overall conditions. The court also considered the process by which the agreement was made, including whether genuine negotiations had taken place and whether the agreement was in good faith. In its reasoning, the court found that the enterprise agreement contained provisions that were consistent with the objectives of the Fair Work Act, such as promoting high levels of employment and workplace participation through flexible and efficient workplace relations. The court was satisfied that the agreement was made in good faith and that it did not contain terms that would be against the public interest.

Based on the evidence presented and the arguments made by the parties, the court approved the Murveyn Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021. The court was satisfied that the agreement met the necessary criteria for approval and did not contain any provisions that would be detrimental to the employees or the public interest. The final orders of the court confirmed the approval of the agreement and its registration under the Fair Work Act.

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