DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5312)

EASCOM ELECTRICAL BENDIGO PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 16 OCTOBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Eascom Electrical Bendigo 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Eascom Electrical Bendigo Pty Ltd and ETU Enterprise Agreement 2018-2021. The application was brought by the employer, Eascom Electrical Bendigo Pty Ltd, who sought the Commission's approval of the enterprise agreement it had negotiated with the Union. The agreement was intended to cover the employees of the employer who were members of the Union.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the minimum terms and conditions set out in the Act and whether it had been negotiated in good faith. The Union argued that the agreement did not meet the minimum terms and conditions, while the employer contended that it had been negotiated in good faith and was in compliance with the Act.

In its decision, the Commission found that the agreement did not comply with the minimum terms and conditions set out in the Fair Work Act 2009. The Commission noted that the agreement did not provide for a minimum rate of pay for casual employees, which was a requirement under the Act. Additionally, the Commission found that the agreement did not provide for adequate notice of termination for employees with less than two years of service. The Commission also found that the agreement had been negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. However, the Commission concluded that the agreement could not be approved because it did not meet the minimum terms and conditions set out in the Act.

Accordingly, the Fair Work Commission refused to approve the enterprise agreement. The Commission ordered that the agreement be returned to the parties for further negotiation and that any new agreement be compliant with the minimum terms and conditions set out in the Fair Work Act 2009. The Commission also ordered that the parties make a further application to the Commission for approval of any new agreement once it had been negotiated.

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