DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5383)

MEGA INDUSTRIES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 29 OCTOBER 2018

Application for approval of the Mega Industries Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the Mega Industries Pty Ltd and ETU Enterprise 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

In the recent matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was asked to approve the Mega Industries Pty Ltd and ETU Enterprise Agreement 2018-2021. The dispute centred on whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The union argued that the agreement provided fair and equitable terms, while the employer contended that certain provisions were overly restrictive and detrimental to the business.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements for approval under section 231 of the Act. This involved determining if the agreement provided for terms and conditions of employment that were no worse off and better off than the relevant award or safety net, and if it adhered to the good faith bargaining principles enshrined in the Act. The Commission also had to consider whether the agreement was consistent with the public interest and if it provided for appropriate dispute resolution mechanisms.

In delivering its decision, the Commission considered the evidence presented by both parties and the broader context of the industrial relations framework. The Commission found that while some provisions of the agreement were contentious, overall, the agreement provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met the no worse off and better off test and was consistent with the principles of good faith bargaining. Furthermore, the Commission determined that the agreement was in the public interest and provided for adequate dispute resolution mechanisms. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission's decision to approve the Mega Industries Pty Ltd and ETU Enterprise Agreement 2018-2021 provides clarity and certainty for the parties involved. The decision reinforces the importance of fair and reasonable terms and conditions of employment, and the need for good faith bargaining in the industrial relations system. The approval of the agreement is a significant outcome for both the union and the employer, as it ensures a stable and productive working relationship moving forward.

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