DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6301)

CNG SYSTEMS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the CNG Systems Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the CNG Systems 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 matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEETPU) to the Fair Work Commission for approval of an enterprise agreement between CNG Systems Pty Ltd and the Electrical Trades Union (ETU). The court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The ETU, as a party to the agreement, also participated in the proceedings.

The central legal issues before the court were whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court needed to assess whether the agreement was genuinely negotiated and whether appropriate processes were followed in its formation. Substantively, the court had to consider whether the agreement covered the necessary topics, provided for minimum entitlements, and met other statutory obligations.

The Fair Work Commission found that the agreement was genuinely negotiated and had been formed through appropriate processes. It determined that the agreement covered all required topics and provided for minimum entitlements as prescribed by the Act. The court also noted that the agreement contained provisions that were fair and reasonable, and did not disadvantage employees. Consequently, the court approved the enterprise agreement.

The court ordered that the CNG Systems Pty Ltd and ETU Enterprise Agreement 2018-2021 be approved and registered under the Fair Work Act. The agreement was to be in effect from the date of the decision and would remain in force until superseded or terminated in accordance with its provisions or applicable law.

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