DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/4769)

INDICATE FIRE SYSTEMS PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 29 OCTOBER 2018

Application for approval of Indicate Fire Systems Pty Ltd and ETU Greenfields Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the Indicate Fire Systems Pty Ltd and ETU Greenfields Agreement 2018-2021 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 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 present case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the Indicate Fire Systems Pty Ltd and ETU Greenfields Agreement 2018-2021. The matter was heard in the Fair Work Commission (FWC), an Australian industrial relations tribunal with jurisdiction to approve, reject or amend enterprise agreements. The Union sought approval for the agreement under the Fair Work Act 2009, which provides the legislative framework for the approval of enterprise agreements.

The primary legal issue before the FWC was whether the agreement complied with the statutory requirements for approval. This involved examining whether the agreement was a genuine enterprise agreement, free from coercion, and whether it included all the mandatory terms specified in the Fair Work Act. A secondary issue was whether the agreement provided fair and reasonable terms for the employees covered by it.

In its decision, the FWC found that the agreement was a genuine enterprise agreement, negotiated in good faith and free from any form of coercion. The FWC also confirmed that the agreement included all the mandatory terms as required by the Fair Work Act. In relation to the fairness and reasonableness of the terms, the FWC considered the evidence provided by both the Union and the employer, and concluded that the agreement provided fair and reasonable terms for the employees. The FWC highlighted that the agreement contained a range of benefits for employees, including wage increases, improved working conditions, and provisions for redundancy and termination of employment.

The FWC approved the Indicate Fire Systems Pty Ltd and ETU Greenfields Agreement 2018-2021, stating that it met all the statutory requirements for approval under the Fair Work Act. The agreement is now in effect and binds both the employer and the employees covered by it for the specified period.

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