DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/4979)

O&M PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the O&M Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the O&M 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.

[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 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

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was tasked with considering an application for the approval of the O&M Pty Ltd and ETU Enterprise Agreement 2017-2021. The union and the employer had negotiated an enterprise agreement, and the union sought the Commission's formal approval of the agreement under the Fair Work Act. The dispute centred on whether the agreement met the requirements of the Act and whether it provided fair and reasonable terms for the employees covered by the agreement.

The central legal issues before the Commission were whether the enterprise agreement contained terms that were contrary to public policy, whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements of the Act. The Commission had to carefully examine the terms of the agreement to ensure that it did not undermine any minimum entitlements provided by the relevant awards or the National Employment Standards. Additionally, the Commission considered whether the agreement had been genuinely negotiated and whether the union had adequately represented the interests of the employees.

In delivering its decision, the Commission noted that the agreement provided for a range of terms and conditions that were fair and reasonable, taking into account the specific circumstances of the enterprise. The Commission found that the agreement did not contain any terms that were contrary to public policy or that undermined any minimum entitlements. The Commission also found that the agreement had been genuinely negotiated and that the union had adequately represented the interests of the employees. Accordingly, the Commission approved the enterprise agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the O&M Pty Ltd and ETU Enterprise Agreement 2017-2021, subject to minor modifications. The Commission found that the agreement provided for fair and reasonable terms and conditions and did not contain any terms that were contrary to public policy. The Commission also found that the agreement had been genuinely negotiated and that the union had adequately represented the interests of the employees. The modifications required by the Commission related primarily to the formatting and clarity of certain provisions, and the agreement was approved with these modifications in place.

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