Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 6423

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/5381)

Eascom Electrical Shepparton Pty Ltd and ETU Enterprise Agreement 2018-2021

Electrical contracting industry
Commissioner Johns	SYDNEY, 16 OCTOBER 2018

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

An application has been made for approval of an enterprise agreement known as the Eascom Electrical Shepparton 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.

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.

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.

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.

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 the approval of the Eascom Electrical Shepparton Pty Ltd and ETU Enterprise Agreement 2018-2021. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the enterprise agreement approved under the Fair Work Act 2009. The company, Eascom Electrical Shepparton Pty Ltd, was a party to the agreement, along with the employees represented by the union. The union argued that the agreement met the necessary requirements for approval under the Act.

The primary legal issue the court needed to address was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the necessary minimum terms and conditions as mandated by the Act, and if it had been fairly negotiated between the parties. Additionally, the court considered whether the agreement was in the best interests of the employees and if it adhered to the principles of good faith bargaining.

The court examined the content of the agreement and found that it included all the required minimum terms and conditions as set out in the Fair Work Act 2009. It also noted that the agreement had been the result of good faith negotiations between the union and the employer. The court was satisfied that the agreement was fair and reasonable, and that it was in the best interests of the employees. Consequently, the court approved the enterprise agreement.

The court ordered that the Eascom Electrical Shepparton Pty Ltd and ETU Enterprise Agreement 2018-2021 be approved and registered under the Fair Work Act 2009. The agreement was to be binding on all employees covered by the agreement and would remain in effect until the expiration date of 30 June 2021, unless terminated earlier in accordance with the terms of the agreement or by operation of law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established