DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6568)

ALLFIRE PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 30 NOVEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Allfire 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was asked to approve the Allfire Pty Ltd and ETU Enterprise Agreement 2018-2021. The dispute arose as the union sought to ensure that the agreement met the statutory requirements for approval under the Fair Work Act 2009. The union argued that the agreement contained necessary provisions for the protection of employees' rights and conditions, while Allfire Pty Ltd contended that certain clauses were overly restrictive and not in line with the enterprise's operational needs.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive fairness requirements under the Fair Work Act. The Commission had to determine if the agreement was genuinely negotiated and if it met the standards of procedural fairness. Additionally, the Commission needed to assess whether the agreement provided for fair terms and conditions of employment, including remuneration, working hours, and other employment-related matters. The case also involved scrutiny of specific clauses, such as those relating to the management of workplace disputes and the resolution of grievances.

Upon reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement was generally in line with the statutory requirements. The Commission acknowledged the union's efforts in negotiating provisions that protected employees' rights and were fair and reasonable. The Commission also found that Allfire Pty Ltd's concerns regarding certain restrictive clauses were addressed adequately within the agreement, ensuring that they did not overly impede the enterprise's operational flexibility. Consequently, the Commission approved the Allfire Pty Ltd and ETU Enterprise Agreement 2018-2021, finding it to be fair and reasonable in all respects.

The final orders of the Commission included the approval of the Allfire Pty Ltd and ETU Enterprise Agreement 2018-2021, with the understanding that it would be subject to the standard dispute resolution processes under the Fair Work Act. The Commission's decision provided clarity on the balance between protecting employees' rights and maintaining operational efficiency within the enterprise, setting a precedent for similar agreements in the future.

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