DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5319)

R.E.L. PROJECTS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 16 OCTOBER 2018

Application for approval of the R.E.L. Projects Pty. Ltd. and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the R.E.L. Projects 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 23 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, and the Fair Work Commission, as the respondent. The union sought approval of the R.E.L. Projects Pty. Ltd. and ETU Enterprise Agreement 2018-2021. The nature of the dispute was whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement contained all the mandatory terms required by the Fair Work Act 2009 and whether it complied with the Act’s provisions for a fair and reasonable agreement. This involved an assessment of whether the agreement appropriately balanced the interests of both employers and employees, and whether it adhered to the provisions concerning minimum wages, penalty rates, and other employment conditions.

The court examined the agreement's provisions and found that it included all the mandatory terms required by the Fair Work Act 2009. The court also determined that the agreement was fair and reasonable, taking into account the interests of both employers and employees, and met the requirements for approval. The union's application was therefore approved, and the agreement was deemed to be in effect.

The Fair Work Commission was directed to approve the R.E.L. Projects Pty. Ltd. and ETU Enterprise Agreement 2018-2021, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement, and the union was authorised to take necessary steps to implement 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