DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3753)

SECURETEL (AUST) PTY. LTD. AND ETU ENTEPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Securetel (Aust) Pty. Ltd. and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Securetel (Aust) 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 12 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for approval of a proposed enterprise agreement with Securetel (Aust) Pty. Ltd. The dispute centred on the terms of the Enterprise Agreement 2018-2021 and whether it complied with the relevant legislative requirements under the Fair Work Act 2009. The Commission, consisting of Deputy President Ryan, Commissioner Brown and Commissioner Turner, was tasked with determining if the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly sections relating to the disclosure of terms and conditions of employment and the requirement for the agreement to be in writing. The Commission also had to consider whether the agreement was genuinely negotiated and if it included appropriate dispute resolution mechanisms. Additionally, the Commission needed to assess whether the agreement contained provisions that were not in the best interests of the employees.

In reaching its decision, the Commission examined the evidence presented by the union and the employer regarding the negotiation process and the terms of the agreement. The Commission found that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. The Commission also determined that the agreement did not contain any terms that were not in the best interests of the employees. Consequently, the Commission approved the proposed enterprise agreement, finding it to be compliant with the relevant legislative requirements. The final orders of the Commission mandated the approval of the Securetel (Aust) Pty. Ltd. and ETU Enterprise Agreement 2018-2021, subject to the conditions outlined in the decision.

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