Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 6981

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/6109)

Keilor Electrical Service and ETU Enterprise Agreement 2018-2021

Electrical contracting industry
Commissioner Wilson	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Keilor Electrical Service and ETU Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Keilor Electrical Service 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.

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.

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.

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.

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 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 the approval of the Keilor Electrical Service and ETU Enterprise Agreement 2018-2021. The applicants, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the agreement approved as a Registered Organisation Agreement under the Fair Work Act 2009. The nature of the dispute was centred around the terms and conditions of employment set forth in the agreement, which were being contested by the respondents.

The legal issues that the Commission was required to decide included whether the agreement met the necessary standards for approval under the Fair Work Act, including whether it provided for minimum terms and conditions, whether it was made in good faith and whether it was in the best interests of the employees. Additionally, the Commission needed to determine whether the agreement contained any terms that were contrary to public policy or were otherwise unlawful.

The Commission found that the agreement met the necessary standards for approval. It provided for minimum terms and conditions that were not less favourable than the relevant national awards or safety standards. The Commission also found that the agreement was made in good faith and was in the best interests of the employees. Furthermore, the Commission determined that there were no terms in the agreement that were contrary to public policy or unlawful. As a result, the Commission approved the Keilor Electrical Service and ETU Enterprise Agreement 2018-2021 as a Registered Organisation Agreement. The agreement will now be registered and will apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established