DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6116)

UNIVERSAL NETWORK SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Universal Network Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Universal Network Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, and Universal Network Services Pty Ltd and ETU Powerline Enterprise Agreement 2016-2020, as the respondents. The union sought approval for the proposed enterprise agreement, which aimed to govern the terms and conditions of employment for its members within the specified companies. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the enterprise agreement contained the required provisions under the Fair Work Act, including provisions for minimum wages and conditions, and whether it was free from any illegal content. Additionally, the commission had to consider whether the agreement was made in good faith and whether the union had followed the appropriate process in seeking approval. Another key consideration was whether the agreement provided for proper protections for employees and if it aligned with the broader objectives of the Fair Work Act.

In determining the matter, the commission examined the content of the proposed agreement and assessed its compliance with the statutory requirements. The commission found that the agreement included the necessary provisions for minimum wages and conditions and did not contain any illegal content. Furthermore, the commission was satisfied that the agreement was made in good faith and that the union had followed the appropriate process in seeking approval. The commission also considered the protections provided for employees and concluded that the agreement aligned with the broader objectives of the Fair Work Act. Accordingly, the commission approved the enterprise agreement, subject to certain conditions and modifications.

The final orders of the commission included the approval of the enterprise agreement with specific conditions and modifications, ensuring that it complied with the Fair Work Act and provided adequate protections for employees. The commission also required the parties to provide certain information and documentation to the Fair Work Ombudsman and to undertake specific training and awareness programs to ensure ongoing compliance with the agreement and 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