DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5432)

EASCOM ELECTRICAL MELBOURNE PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 23 OCTOBER 2018

Application for approval of the Eascom Electrical Melbourne Pty. Ltd. and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Eascom Electrical Melbourne 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 30 October 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) and Eascom Electrical Melbourne Pty. Ltd. (the respondent). The applicant sought approval of the Eascom Electrical Melbourne Pty. Ltd. and ETU Enterprise Agreement 2018-2021. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the minimum entitlements set out in the relevant awards.

The central legal issues before the Commission were whether the proposed agreement adequately covered the terms and conditions of employment, whether it provided for fair and reasonable remuneration and conditions, and whether it complied with the minimum standards of the relevant awards. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms to resolve disputes between the parties and whether it adhered to procedural fairness in its negotiation and drafting.

In its decision, the Fair Work Commission determined that the proposed enterprise agreement did not meet the necessary criteria for approval. The Commission found that the agreement failed to provide adequate protections for employees in terms of remuneration and conditions, and it did not sufficiently comply with the minimum standards set out in the relevant awards. Furthermore, the Commission was concerned about the lack of appropriate mechanisms for resolving disputes between the parties. Consequently, the Commission refused to approve the agreement, emphasising the need for improvements to ensure it met the statutory requirements.

The Commission's final orders included the refusal to approve the Eascom Electrical Melbourne Pty. Ltd. and ETU Enterprise Agreement 2018-2021, with a directive for the parties to address the identified deficiencies and resubmit a revised agreement for consideration. The Commission highlighted the importance of ensuring that any future agreement provides fair and reasonable terms and conditions for employees, complies with relevant awards, and includes adequate dispute resolution mechanisms.

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