DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6000)

AUSTRALASIAN EDI PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 13 NOVEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Australasian EDI 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 20 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 involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Australasian EDI Pty Ltd (the Employer). The Applicant sought approval of the agreement under section 234 of the Fair Work Act 2009 (Cth). The matter was heard in the Fair Work Commission (FWC). The dispute centred on whether the enterprise agreement complied with the requirements of the Fair Work Act, including provisions relating to minimum entitlements, the role of unions, and the process for approving the agreement.

The primary legal issues the FWC was required to address were whether the agreement contained the necessary provisions to ensure that employees received at least the minimum entitlements set out in relevant awards and whether the agreement appropriately facilitated the role of unions in representing employees. Additionally, the FWC had to consider whether the process for developing and approving the agreement complied with the statutory requirements. This included verifying that the agreement was made in good faith and that the necessary steps were taken to ensure that employees had adequate opportunities to review and provide input on the agreement.

The FWC found that the agreement met the statutory requirements for approval. The FWC noted that the agreement provided for employees to receive at least the minimum entitlements stipulated in the relevant awards and that it contained provisions allowing unions to effectively represent employees. The FWC also determined that the process for approving the agreement was compliant with the Fair Work Act, as evidenced by the participation of a sufficient number of employees in the voting process and the absence of any procedural irregularities. Consequently, the FWC approved the enterprise agreement.

The FWC's final orders included the approval of the Australasian EDI Pty Ltd and ETU Enterprise Agreement 2018-2021, effective from the date of the decision. The agreement was to apply to all employees of the Employer who were covered by the agreement, and the FWC directed that it be registered with the Fair Work Ombudsman.

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