DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/4857)

MELIOREM PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2018

Application for approval of the Meliorem Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Meliorem 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 16 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 (CEEAIU) applied for approval of the Meliorem Pty Ltd and ETU Enterprise Agreement 2018-2021. The agreement had been entered into by the employer, Meliorem Pty Ltd, and the union, Electrical Trade Union (ETU). The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including the necessity to provide for a fair and reasonable terms of employment for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable terms of employment, and whether it complied with the good faith bargaining provisions of the Fair Work Act. The Commission needed to determine if the agreement contained terms that were not in the best interests of the employees, and whether the union had bargained in good faith in the negotiation of the agreement.

The Fair Work Commission found that the agreement provided for fair and reasonable terms of employment and that the union had bargained in good faith. The Commission noted that the agreement contained provisions that were in the best interests of the employees, including provisions for annual leave, public holidays, and redundancy payments. The Commission also found that the union had made a genuine effort to negotiate the agreement and had not acted in bad faith. The Commission approved the agreement, noting that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Meliorem Pty Ltd and ETU Enterprise Agreement 2018-2021. The Commission found that the agreement provided for fair and reasonable terms of employment and that the union had bargained in good faith. The agreement was approved subject to certain conditions, including the requirement that the employer provide the union with certain information and that the union provide the employer with certain information. The Commission noted that the agreement would provide certainty and stability 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