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

[2018] FWCA 6417

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

(AG2018/5160)

Fire Detection Specialists Pty Ltd and ETU Enterprise Agreement 2017-2021

Electrical contracting industry
Commissioner Wilson	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Fire Detection Specialists Pty Ltd and ETU Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the Fire Detection Specialists Pty Ltd and ETU Enterprise Agreement 2017-2021 (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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Fire Detection Specialists Pty Ltd, where the union sought approval of the Fire Detection Specialists Pty Ltd and ETU Enterprise Agreement 2017-2021. The application was heard in the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements in Australia.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "bargained" agreement, and whether it contained the necessary provisions for the protection of employees' rights and interests. The court was required to consider whether the agreement had been genuinely negotiated between the employer and the union, and whether it provided for fair and reasonable terms and conditions of employment.

The court found that the agreement was genuinely negotiated and met all the legal requirements for approval. It found that the union had acted in good faith and that the agreement contained all the necessary provisions for the protection of employees' rights and interests. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The application for approval was therefore granted.

The Fair Work Commission approved the Fire Detection Specialists Pty Ltd and ETU Enterprise Agreement 2017-2021, and it came into effect on 1 April 2017. The agreement provides for a range of terms and conditions of employment, including wages and conditions, leave entitlements, and dispute resolution procedures. The agreement also includes provisions for the protection of employees' rights and interests, such as provisions for consultation and communication between the employer and employees, and provisions for the prevention of discrimination and harassment in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established