DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6110)

WKE (GEELONG) PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the WKE (Geelong) Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the WKE (Geelong) 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 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the employer, WKE (Geelong) Pty Ltd, concerning the approval of their enterprise agreement for the years 2018 to 2021. The application was brought before the Fair Work Commission, which was required to determine whether the agreement complied with the necessary legislative requirements and whether it was in the interests of the employees.

The key legal issues before the Commission were whether the agreement met the criteria set out in the Fair Work Act 2009, particularly regarding the certification process and the interests of the employees. Additionally, the court needed to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it had been fairly negotiated.

The Commission examined the evidence provided and found that the agreement had been fairly negotiated and met the necessary requirements of the Act. The agreement provided for fair and reasonable terms and conditions, and it was in the interests of the employees. The Commission was satisfied that the agreement had been certified in accordance with the Act, and thus, approved the application for the enterprise agreement.

As a result, the Fair Work Commission approved the WKE (Geelong) Pty Ltd and ETU Enterprise Agreement 2018-2021. The agreement is now legally binding on the employer and the employees, and it sets out the terms and conditions of employment for the duration of the agreement.

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