DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5377)

HI-TECH ELECTRICAL SERVICES (VIC) PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 16 OCTOBER 2018

Application for approval of the Hi-Tech Electrical Services (Vic) Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Hi-Tech Electrical Services (Vic) 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 matter before the court involved an application for approval of the Hi-Tech Electrical Services (Vic) Pty Ltd and ETU Enterprise Agreement 2018-2021. The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute centred on the terms of the enterprise agreement between the union and the employer, with a focus on whether the agreement complied with the necessary legal standards and requirements.

The primary legal issues the court had to address were whether the enterprise agreement met the criteria for approval under the relevant legislation and if the agreement was made in good faith and without coercion. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions for employees, and if it complied with the provisions of the Fair Work Act 2009.

The court found that the enterprise agreement was made in good faith, without coercion, and provided for fair and reasonable terms and conditions for employees. The court concluded that the agreement was consistent with the statutory requirements and did not contain any provisions that were against the public interest. Therefore, the court approved the Hi-Tech Electrical Services (Vic) Pty Ltd and ETU Enterprise Agreement 2018-2021. The decision was made based on the evidence presented and the legal framework governing enterprise agreements in Australia.

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