DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5270)

E.C.S SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 16 OCTOBER 2018

Application for approval of the E.C.S Services Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the E.C.S Services 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 involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the E.C.S Services Pty Ltd and ETU Enterprise Agreement 2018-2021. The application was heard by the Fair Work Commission. The crux of the dispute was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009 for approval and registration. The legal issues included whether the agreement was in the interests of the employees and if it provided for fair and reasonable terms and conditions.

The Commission examined the submissions from both parties and considered various factors such as the nature of the agreement, the bargaining process, and the provisions within the agreement itself. It was crucial to determine if the agreement provided for fair remuneration, reasonable working hours, and other terms that were in line with the legislative framework. The Commission also considered the views of the employees and the representatives, as well as any relevant industry benchmarks.

In its decision, the Commission found that the agreement was fair and reasonable in all its terms and conditions. It noted that the agreement provided for appropriate remuneration and conditions of employment, and that the bargaining process was conducted in good faith. The Commission was satisfied that the agreement was in the best interests of the employees and would serve to promote harmonious, productive, and cooperative workplace relations. Therefore, the Commission approved the application and registered the enterprise agreement.

The Fair Work Commission orders that the E.C.S Services Pty Ltd and ETU Enterprise Agreement 2018-2021 be approved and registered under the Fair Work Act 2009. The agreement will now be in effect for the specified period and will apply to the employees covered by 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