DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5843)

COMPLETE COMMUNICATIONS AND ELECTRICAL PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 30 NOVEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Complete Communications and Electrical 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 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 case before the Fair Work Commission involved an application for approval of the Complete Communications and Electrical Pty Ltd and ETU Enterprise Agreement 2018-2021. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an industrial organisation representing the interests of its members. The nature of the dispute was the approval of a proposed enterprise agreement that outlined the terms and conditions of employment between Complete Communications and Electrical Pty Ltd, an electrical contracting company, and its employees who are members of the union. The matter was heard by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes and promoting fair work practices in Australia.

The legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the agreement had been made in the absence of any prohibited content. The Commission needed to determine if the agreement was genuinely made by the parties involved, if it contained any provisions that would be contrary to public policy, and if it provided for the fair treatment of employees. The Commission also had to consider if the agreement had been made in good faith and without any coercion or undue influence.

The Fair Work Commission found that the proposed enterprise agreement met the statutory requirements for approval. The Commission was satisfied that the agreement had been genuinely made by the parties involved and did not contain any provisions that would be contrary to public policy. The agreement provided for the fair treatment of employees, and the Commission was satisfied that it had been made in good faith and without any coercion or undue influence. The Commission also found that the agreement did not contain any prohibited content and therefore approved the Complete Communications and Electrical Pty Ltd and ETU Enterprise Agreement 2018-2021.

The Fair Work Commission approved the Complete Communications and Electrical Pty Ltd and ETU Enterprise Agreement 2018-2021, effective from 1 April 2018. The approval of the agreement ensures that the employees of Complete Communications and Electrical Pty Ltd are provided with fair and reasonable terms and conditions of employment, and that the industrial relations system in Australia is upheld. The decision of the Commission provides clarity and certainty for both the employer and the employees, and promotes the principles of fair work in the workplace.

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