DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/4812)

GEELONG FIRE SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER SAUNDERS	NEWCASTLE, 11 SEPTEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Geelong Fire Services 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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 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 applicant union sought approval of the Geelong Fire Services Pty Ltd and ETU Enterprise Agreement 2018-2021. The employer company provided fire protection services to the Geelong municipality. The union argued the agreement should be approved as it had been fairly negotiated and met the requirements of the Fair Work Act. The employer opposed the application, claiming the agreement did not meet certain legal standards.

The central legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the court had to determine if the agreement was made in accordance with the Act's good faith bargaining requirements and whether it met the minimum standards set out in the Fair Work (Registered Organisations) Act 2009. The employer also argued the agreement contained terms that were not properly negotiated.

The court found the agreement was made in good faith and met the minimum standards required by the Act. The union presented evidence of extensive bargaining and consultation processes. The court rejected the employer's claims that the agreement did not comply with the Act's requirements. The court concluded the agreement was fair and met all necessary legal criteria. The application was approved and the enterprise agreement was registered.

The court ordered that the Geelong Fire Services Pty Ltd and ETU Enterprise Agreement 2018-2021 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the court's decision. The employer was directed to comply with the terms of the agreement, which were now legally binding.

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