DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3566)

ELECTROCOM SOLUTIONS PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 10 SEPTEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Electrocom Solutions 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 17 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Electrocom Solutions Pty Ltd and ETU Enterprise Agreement 2018-2021. The dispute centred around whether the agreement met the necessary criteria for registration under the Fair Work Act 2009. Specifically, the application sought to confirm the agreement as a single-enterprise agreement, given the nature of the bargaining and the parties involved.

The primary legal issues addressed by the Commission involved the determination of the appropriate bargaining representative for the employees and whether the agreement was fairly and genuinely negotiated. Additionally, the Commission considered whether the agreement complied with the good faith bargaining requirements and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. The Commission also had to assess whether the agreement met the criteria for being a single-enterprise agreement, given the unique structure of the involved companies.

In its reasoning, the Commission examined the evidence presented by both parties and considered the process through which the agreement was negotiated. The Commission found that the union had acted as the appropriate bargaining representative and that the agreement was the result of genuine and fair negotiations. The Commission also determined that the agreement complied with all statutory requirements, including the minimum terms and conditions, and was a single-enterprise agreement as it covered all employees within the defined enterprise. Consequently, the Commission approved the application and registered the agreement.

As a result of the Commission's findings, the Electrocom Solutions Pty Ltd and ETU Enterprise Agreement 2018-2021 was registered under the Fair Work Act, effective from the date of the decision. This registration ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the employer and the employees for the specified period.

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