DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6246)

AUSTUNNEL PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the Austunnel Pty Ltd and ETU Greenfields Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the Austunnel Pty Ltd and ETU Greenfields Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are 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 Employer 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 these organisations.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 7 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 parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Austunnel Pty Ltd. The dispute concerns the Union's application for the approval of the Austunnel Pty Ltd and ETU Greenfields Agreement 2018-2021. The matter was heard in the Fair Work Commission, with the decision rendered by Deputy President R. G. Smith. The Union sought the approval of an enterprise agreement, which outlined the terms and conditions of employment for employees covered by the agreement.

The primary legal issue the court had to decide was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was made in good faith, free from any coercion, and whether it contained the necessary minimum terms and conditions as outlined in the Act. Additionally, the court had to ensure that the agreement was not likely to have an adverse effect on the employees' job security and that it was fair and reasonable.

The court's reasoning and outcome were based on a thorough examination of the agreement and the evidence presented by both parties. The court found that the agreement was made in good faith and was free from any coercion. Furthermore, the court determined that the agreement contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009. The court also found that the agreement did not have an adverse effect on the employees' job security and that it was fair and reasonable. Consequently, the court approved the Austunnel Pty Ltd and ETU Greenfields Agreement 2018-2021.

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