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

[2018] FWCA 6011

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

(AG2018/4969)

GH Fire Projects Pty. Ltd. and ETU Enterprise Agreement 2018-2021

Electrical contracting industry
Commissioner Wilson	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the GH Fire Projects Pty. Ltd. and ETU Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the GH Fire Projects 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 3 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 dispute arose between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and GH Fire Projects Pty. Ltd. (the Employer). The Applicant sought approval of the ETU Enterprise Agreement 2018-2021 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the decision being handed down in a written judgement.

The primary legal issues before the Commission involved the assessment of the agreement against the statutory requirements of the Fair Work Act. These included whether the agreement was made in good faith and covered all relevant terms of employment, and if it met the Fair Work Act's "better off overall test". The Applicant argued that the agreement was fair and reasonable, while the Employer raised concerns about certain terms impacting the business's operational flexibility and cost structure.

The Fair Work Commission examined the evidence provided by both parties and considered the terms of the agreement in light of the statutory requirements. The Commission found that the agreement met the good faith requirement, as it had been negotiated in a cooperative manner, and all relevant terms of employment were covered. The Commission also determined that the agreement passed the "better off overall test", as the majority of employees would receive a benefit in terms of wages, conditions, or both, outweighing any minor disadvantages. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the ETU Enterprise Agreement 2018-2021, finding it to be fair and reasonable, and in compliance with the statutory requirements of the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established