DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/4933)

ADX ELECTRICAL GROUP PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the ADX Electrical Group Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the ADX Electrical Group 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 matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union brought an application for the approval of an enterprise agreement between ADX Electrical Group Pty Ltd and the Electrical Trade Union (ETU). The application was heard in the Fair Work Commission, the administrative tribunal with jurisdiction over employment matters in Australia. The union sought approval of the agreement which it had negotiated with the employer, as it believed the terms of the agreement were fair and appropriate for the employees covered by it.

The legal issues before the commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly whether it was a “bare minimum” agreement and whether it had been made in good faith and without coercion. The union argued that the agreement met all the legislative requirements, while the employer did not contest the union's claims. The commission had to determine whether the agreement met the criteria for approval as set out in the Act.

The commission found that the agreement was a "bare minimum" agreement as it provided for the minimum entitlements required by the Act and did not include any terms that were contrary to public policy. The commission also found that the agreement had been made in good faith and without coercion, as both parties had engaged in genuine negotiations and the union had provided the employer with all necessary information to make an informed decision. The commission approved the agreement, noting that it provided for fair and reasonable terms for the employees covered by it.

The Fair Work Commission approved the ADX Electrical Group Pty Ltd and ETU Enterprise Agreement 2017-2021, finding that it met all the requirements of the Fair Work Act 2009. The agreement is now a legally binding contract between the employer and the employees covered by it, and will remain in force until it is terminated or replaced by a new 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